Full text of "San Francisco Charter"

CITY AND COUNTY OF

SAN FRANCISCO

MUNICIPAL CODE

1996 CHARTER

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

2006

CITY AND COUNTY OF SAN FRANCISCO
MUNICIPAL CODE

Charter

Administrative Code

Building and Related Technical Codes

Business and Tax Regulations Code

Campaign and Governmental Conduct Code

Environment Code

Fire Code

Health Code

Municipal Elections Code

Park Code

Planning Code

Police Code

Port Code

Public Works Code

Subdivision Code

Traffic Code

Zoning Maps

Supp. No. 1, September 2006

[INTENTIONALLY LEFT BLANK]

Supp. No. 1, September 2006

PREFACE TO THE
1996 CHARTER

The Charter of the City and County of San Francisco was adopted on
November 7, 1995, and became effective July 1, 1996. This volume
contains charter provisions enacted through the election of February
2008.

The San Francisco Municipal Code contains ordinances enacted through
Ordinance 75-08, File Nimiber 071531, Approved May 9, 2008. A
legislative history, containing ordinance number and approval date, is
located at the conclusion of most sections. The legislative history of
ordinances approved after March 1999 also contain Board of Supervi-
sors file numbers.

Supp. No. 16, April 2008

1996 CHARTER

Article Page

PREAMBLE 3

I. EXISTENCEAND POWERS OF THE CITY AND COUNTY 5

n. LEGISLATIVE BRANCH 7

m. EXECUTIVE BRANCH— OFFICE OF MAYOR 21

IV. EXECUTIVE BRANCH— BOARDS, COMMISSIONS AND

DEPARTMENTS 33

V. EXECUTIVE BRANCH— ARTS AND CULTURE 73

VI. OTHER ELECTIVE OFFICERS 87

VIL JUDICIAL BRANCH 99

VIIL EDUCATION AND LIBRARIES 105

VIIIA. THE MUNICIPAL TRANSPORTATION AGENCY Ill

VIIIB. PUBLIC UTILITIES 141

IX. FINANCIAL PROVISIONS 151

X. PERSONNEL ADMINISTRATION 171

XI. EMPLOYER-EMPLOYEE RELATIONS SYSTEM 187

XII. EMPLOYEE RETIREMENT AND HEALTH SERVICE SYSTEMS 195

XIIL ELECTIONS 207

XIV. INITIATIVE, REFERENDUM AND RECALL 231

XV. ETHICS 243

XVI. MISCELLANEOUS PROVISIONS 255

XVIL DEFINITIONS 301

XVIH. TRANSITION PROVISIONS 321

Appendix

CHARTER APPENDICES 335

A. EMPLOYMENT PROVISIONS 337

B. PORT AGREEMENTS 725

C. ETHICS PROVISIONS 751

D. BUILDING INSPECTION PROVISIONS 771

San Francisco - Charter 2

Article Page

E. SUPERVISORIAL DISTRICT BOUNDARIES 789

F. AUTHORITY AND DUTIES OF CITY SERVICES AUDITOR 803

INDEX 943

PREAMBLE

In order to obtain the full benefit of home rule granted by the Constitution
of the State of California; to improve the quality of urban life; to encourage
the participation of all persons and all sectors in the affairs of the City and
County; to enable municipal government to meet the needs of the people
effectively and efficiently; to provide for accountability and ethics in
public service; to foster social harmony and cohesion; and to assure
equality of opportunity for every resident:

We, the people of the City and County of San Francisco, ordain and
establish this Charter as the fundamental law of the City and County.

San Francisco - Charter

[INTENTIONALLY LEFT BLANK]

ARTICLE I: EXISTENCE AND POWERS OF THE CITY AND COUNTY

Sec. 1.100. Name and Boundaries.
Sec. 1.101. Rights and Powers.

SEC. 1.100. NAME AND BOUNDARIES.

The City and County of San Francisco shall
continue as a consolidated City and County with
such boundaries as are prescribed by law, pursu-
ant to this Charter and the laws of the State of
California.

SEC. 1.101. RIGHTS AND POWERS.

The City and County of San Francisco may
make and enforce all ordinances and regulations
in respect to municipal affairs, subject only to
the restrictions and limitations provided in this
Charter. The City and County may make and
enforce within its limits all local police, sanitary
and other ordinances and regulations. The City
and County may appear, sue and defend in all
courts in all matters and proceedings.

All rights and powers of a City and County
which are not vested in another officer or entity
by this Charter shall be exercised by the Board of
Supervisors.

San Francisco - Charter

[INTENTIONALLY LEFT BLANK]

ARTICLE II: LEGISLATIVE BRANCH

Sec.

2.100.

Composition and Salary.

Sec.

2.101.

Term of Office.

Sec.

2.102.

[Repealed].

Sec.

2.103.

Meetings.

Sec.

2.104.

Quorum.

Sec.

2.105.

Ordinances and Resolutions

Sec.

2.106.

Veto Override.

Sec.

2.107.

Emergency Ordinances.

Sec.

2.108.

Public's Right to Know.

Sec.

2.109.

Rates, Fees and Similar
Charges.

Sec.

2.111.

[Repealed].

Sec.

2.112.

Fidehty Bonds.

Sec.

2.113.

Legislative Initiative.

Sec.

2.114.

Non-interference in
Administration.

Sec.

2.115.

Financial Audit.

Sec.

2.116.

President of the Board of
Supervisors.

Sec.

2.117.

Offices of the Board of
Supervisors.

SEC

;. 2.100.

COJMPOSITIONAI^

SALARY.

The Board of Supervisors shall consist of
eleven members elected by district.

The office of Board of Supervisors member is
a full time position. The Civil Service Commis-
sion shall set the Supervisors' salary once every
five years. Before the Commission determines
the Supervisors' salary, it shall conduct and
consider a salary survey of other full time Cali-
fornia City Councils and County Boards of Su-
pervisors and it may consider the Consumer
Price Index (CPI).

The Civil Service Commission shall timely
transmit its determination of the Supervisors'
salary to the Controller, so that funds can be set
aside for that purpose. The Controller shall in-
clude the Civil Service Commission's determina-

tion in appropriate budget documents to insure
implementation. This determination may not be
changed except by the Civil Service Commission.

The Civil Service Commission shall establish
dates for an appropriate five-year cycle for mak-
ing the determinations required by this Section,
in order to efficiently coordinate with City bud-
get processes and related procedures. In order to
institute this five-year cycle the initial determi-
nation may be for less than a five-year period, as
determined by the Civil Service Commission.

If the City and employee organizations agree
to amend the compensation provisions of exist-
ing memoranda of understanding to reduce costs,
the Civil Service Commission shall review and
amend the Supervisors' salary as necessary to
achieve comparable cost savings in the affected
fiscal year or years.

The provisions of this Section shall apply,
notwithstanding any other provision of this Char-
ter. (Amended November 1996; June 1998; No-
vember 2002)

SEC. 2.101. TERM OF OFFICE.

Each member of the Board of Supervisors
shall be elected at a general election and shall
serve a four-year term commencing on the eighth
day in January following election and until a
successor qualifies. The respective terms of office
of the members of the Board of Supervisors in
effect on the date this Charter is adopted shall
continue.

No person elected or appointed as a Supervi-
sor may serve as such for more than two succes-
sive four-year terms. Any person appointed to
the office of Supervisor to complete in excess of
two years of a four-year term shall be deemed,
for the purpose of this section, to have served one
full term. No person having served two succes-
sive four-year terms may serve as a Supervisor,
either by election or appointment, until at least
four years after the expiration of the second
successive term in office. Any Supervisor who

Supp. No. 4, January 2007

Sec. 2.101.

San Francisco - Charter

resigns with less than two full years remaining
until the expiration of the term shall be deemed,
for the purposes of this section, to have served a
full four-year term.

SEC. 2.102.

(Repealed November 2001)

SEC. 2.103. MEETINGS.

The Board of Supervisors shall meet at the
legislative chambers in City Hall at 12:00 noon
on the eighth day in January in each odd-
numbered year. Thereafter, regular meetings shall
be held on such dates and at such times as shall
be fixed by resolution.

The meetings of the Board shall be held in
City Hall, provided that, in case of emergency,
the Board, by resolution, may designate some
other appropriate place as its temporary meeting
place.

Notice of any special meeting shall be pub-
lished at least 24 hours in advance of such
special meeting.

The Board of Supervisors, by motion, may
schedule special meetings of the Board in loca-
tions in San Francisco other than City Hall.
Notice of special meetings being convened out-
side of City Hall shall be published and posted in
City Hall at least 15 days in advance of such
special meetings. Motions to schedule special
meetings of the Board in locations in San Fran-
cisco other than City Hall shall first be intro-
duced and referred to a committee of the Board
for hearing and consideration.

The Board of Supervisors, by motion, may
authorize a committee of the Board of Supervi-
sors to schedule a special meeting of the commit-
tee of the Board in a location in San Francisco
other than City Hall. Notice of special committee
meetings being convened outside of City Hall
shall be published and posted in City Hall at
least 15 days in advance of such special meet-
ings.

SEC. 2.104. QUORUM.

(a) The presence of a majority of the mem-
bers of the Board of Supervisors at a regular or
special meeting shall constitute a quorum for the

transaction of business. The term "presence"
shall include participation by teleconferencing or
other electronic means as authorized by Govern-
ment Code Section 54953(b) or any successor
legislation after the Board of Supervisors has
adopted an ordinance pursuant to subsection (c)
allowing such participation when the member is
physically unable to attend in person, as certi-
fied by a health care provider, due to the member's
pregnancy, childbirth, or related condition. The
Board of Supervisors may also, as part of a
parental leave policy adopted pursuant to sub-
section (c), authorize a member to participate in
meetings by teleconferencing or other electronic
means when the member is absent to care for his
or her child after birth of the child, or after
placement of the child with the member or the
member's immediate family for adoption or fos-
ter care. In the absence of a quorum, a smaller
number of members may compel the attendance
of absent members in the manner and under the
penalties established by the Board of Supervi-
sors.

(b) The Board of Supervisors shall act by a
majority, two-thirds, three-fourths, or other vote
of all members of the Board. Each member
present at a regular or special meeting shall vote
"yes" or "no" when a question is put, unless
excused from voting by a motion adopted by a
majority of the members present.

(c) Notwithstanding the provisions of Char-
ter Section 10.101, the Board of Supervisors
shall adopt parental leave policies for its mem-
bers, including, but not limited to, authorization
to participate in meetings by teleconferencing or
other electronic means pursuant to subsection
(a) and subject to the restrictions listed in that
subsection. (Amended by Proposition B, Ap-
proved 11/7/2006)

SEC. 2.105. ORDINANCES AND
RESOLUTIONS.

The Board of Supervisors shall meet and
transact its business according to rules which it
shall adopt.

The Board of Supervisors shall act only by
written ordinance or resolution, except that it

Supp. No. 4, January 2007

Legislative Branch

Sec. 2.107.

may act by motion on matters over which the
Board of Supervisors has exclusive jurisdiction.
All legislative acts shall be by ordinance. An
ordinance or resolution may be introduced before
the Board of Supervisors by a member of the
Board, a committee of the Board or the Mayor,
and shall be referred to and reported upon by an
appropriate committee of the Board. An ordi-
nance or resolution may be prepared in commit-
tee and reported out to the full Board for action,
consistent with the public notice laws of the City.
Except as otherwise provided in this Charter,
passage of an ordinance or a resolution shall
require the affirmative vote of a majority of the
members of the Board.

An ordinance shall deal with only one subject
matter, except that appropriations ordinances
may cover appropriations with respect to any
number of subjects. The title of each ordinance
shall clearly reflect the content of the ordinance.

Except as otherwise provided in Section 2.107,
passage of an ordinance shall require two read-
ings at separate meetings of the Board of Super-
visors, which shall be held at least five days
apart. If an ordinance is amended at its second
reading, the ordinance shall require a further
reading prior to final passage. Resolutions shall
require only one reading and may be adopted
upon introduction without reference to commit-
tee by unanimous affirmative vote of the mem-
bers of the Board of Supervisors who are present,
but in no event less than a quorum.

All ordinances shall take effect no sooner
than 30 days following the date of passage except
for ordinances not subject to referendum and
those authorizing bonded indebtedness and lease
financings, which shall take effect immediately.
Ordinances granting franchises shall take effect
no sooner than 60 days after passage. No ordi-
nance granting a franchise may be passed within
90 days of its introduction. Resolutions may take
effect immediately upon passage, or at such
other time as shall be specified in the resolu-
tions.

SEC. 2.106. VETO OVERRIDE.

The Board of Supervisors may enact an ordi-
nance or resolution which has been vetoed by the

Mayor pursuant to Section 3.103 if, within 30
days after such veto, not less than two-thirds of
the Board of Supervisors shall vote in favor of
such measure, except as provided in Section
9.104. If a larger vote is required for the adoption
of the measure by provisions of this Charter,
such larger vote shall be required to overcome
the veto of the Mayor.

SEC. 2.107. EMERGENCY ORDINANCES.

An emergency ordinance may be passed in
cases of public emergency affecting life, health,
property, or for the uninterrupted operation of
any City or County department or office required
to comply with time limitations as established by
law. Emergency ordinances shall require only
one reading, and the affirmative vote of two-
thirds of the Board of Supervisors shall be re-
quired for the passage of an emergency ordi-
nance.

The form and manner of introduction of an
emergency ordinance shall be as required for
ordinances generally. In addition, an emergency
ordinance shall contain:

1. A declaration setting forth the existence
of the emergency;

2. A clear and concise description thereof;
and

3. An explanation of how the measures in
the ordinance will address the emergency.

An emergency ordinance shall be effective
upon passage and shall automatically terminate
on the 61st day following passage. An emergency
ordinance may be reenacted upon the same terms
and conditions applicable to its initial enact-
ment. Any appropriation contained in an emer-
gency ordinance shall be deemed to be an amend-
ment to the final appropriations ordinance.

An emergency ordinance may suspend spe-
cific sections of this Charter, but may not: levy
taxes; grant, renew or extend a franchise; regu-
late the rate charged by any public utility for its
services; set salaries; issue bonds; or buy, sell or
lease land.

Supp. No. 13, January 2008

Sec. 2.108.

San Francisco - Charter

SEC. 2.108. PUBLIC'S RIGHT TO KNOW.

The Board of Supervisors shall adopt and
maintain a Sunshine Ordinance to liberally pro-
vide for the public's access to their government
meetings, documents and records.

The Clerk of the Board of Supervisors shall
keep a permanent public record of the proceed-
ings of the Board showing all action considered
and taken, the text of ordinances and resolutions
voted upon and the vote of each member of the
Board regarding any matter before the Board.
The Clerk of the Board shall cause the text of all
ordinances or resolutions passed by the Board to
be readily available to the public.

A written calendar of the business scheduled
for each meeting of the Board of Supervisors or
any standing or special committee comprised of
Board members and established by the Board
shall be prepared and available to the public
before each meeting. Summaries of board and
committee calendar items of general public in-
terest, as determined by the Clerk of the Board,
and a statement of where and when copies of
proposed ordinances and resolutions may be ob-
tained, shall be published commencing at least
36 hours before the commencement time of each
regular meeting and at least 18 hours before the
commencement time of each special meeting.

Except as otherwise provided in this Charter,
or by ordinance, notice of the title or the purport
and subject matter of each proposed ordinance
which is introduced and referred to committee
shall be published within five days after its
presentation to the board and a copy of such
proposed ordinance shall be kept available for
inspection in the office of the Clerk of the Board.
Each ordinance required to be included in the
municipal code shall be printed promptly after
final passage, and copies shall be made available
to the public.

All ordinances, after final passage or upon
their becoming effective shall be certified by the
Clerk of the Board and recorded in a book kept
for that purpose, and resolutions adopted shall
be certified and recorded in a like manner. Notice
that an ordinance has been passed for second
reading, that an ordinance has been finally passed,

and that a resolution has been adopted, together
with a statement of where copies may be ob-
tained, shall be published once within five days
of such passage for second reading, final pas-
sage, or adoption.

SEC. 2.109. RATES, FEES AND SIMILAR
CHARGES.

Within 30 days of submission by the Mayor,
the Board of Supervisors shall approve by ordi-
nance or reject any rate, fee or similar charge to
be imposed by any department, official, board or
commission, except those rates, fees and similar
charges established by the Port or Airport Com-
missions, or under the Refuse Collection and
Disposal Ordinance of November 8, 1932, as
amended.

SEC. 2.111. [REPEALED]

SEC. 2.112. FIDELITY BONDS.

The Board of Supervisors shall determine
which officials of the City and County shall be
required to post fidelity bonds and the respective
amounts of any such bonds. An annual review of
bonding requirements shall be conducted by the
Board of Supervisors.

SEC. 2.113. LEGISLATIVE INITIATIVE.

(a) The Board of Supervisors, or four or
more members, may submit to the voters decla-
rations of policy, and any matter which the
Board of Supervisors is empowered to pass.

Upon approval of a declaration of policy by
the voters, the Board of Supervisors shall within
90 days of such approval take such actions within
their powers as shall be necessary to carry such
declaration into effect. A special municipal elec-
tion shall not be called with respect to a decla-
ration of policy.

(b) In order to submit a proposed initiative
measure to the voters under this section or
Section 3.100(15), four or more members of the
Board of Supervisors or the Mayor shall submit
the proposed initiative to the Board of Supervi-
sors no later than 45 days prior to the deadline
for the submission of such initiatives to the
Department of Elections. The proponent or pro-

Supp. No. 13, January 2008

Legislative Branch

Sec. 2.116.

ponents shall clearly identify the measure as a
proposed initiative to be submitted at a specific
election, and the proponent or proponents shall
file a copy of the measure with the Department
of Elections at the same time as the measure is
submitted to the Board of Supervisors.

The President of the Board of Supervisors
shall assign the measure to a committee of the
Board, and the committee shall conduct a public
hearing on the measure at least 15 days prior to
the deadline for the submission of such initia-
tives to the Department of Elections.

Failure by the Board of Supervisors to hold a
hearing on the measure prior to the Department
of Elections' deadline for submittal of legislative
or mayoral initiatives shall not prevent the Di-
rector of Elections from placing the initiative on
the ballot. But the Director of Elections shall
include a notice in the voter information pam-
phlet that the measure was not the subject of the
required public hearing.

The proponent or proponents of an initiative
measure may withdraw the proposed measure at
any time prior to the Department of Elections'
deadline for submission of such initiatives, sub-
ject to any requirements of the Municipal Elec-
tions Code or other City ordinance. If a measure
is withdrawn, the Board of Supervisors is not
required to conduct a hearing on the measure.
(Amended by Proposition C, Approved 11/6/2007)

SEC. 2.114. NON-INTERFERENCE IN
ADMINISTRATION.

Except for the purpose of inquiry, the Board
of Supervisors shall deal with the administrative
service for which the City Administrator is re-
sponsible solely through such officer, and for
administrative or other functions for which elec-
tive officials or boards or commissions are respon-
sible solely through the elective official, the board
or commission or the chief executive officer of
such board or commission concerned, or their
designees.

Neither the Board of Supervisors, its commit-
tees, nor any of its members, shall have any
power or authority, nor shall they dictate, sug-
gest or interfere with respect to any appoint-

ment, promotion, compensation, disciplinary ac-
tion, contract or requisition for purchase or other
administrative actions or recommendations of
the City Administrator or of department heads
under the City Administrator or under the re-
spective boards and commissions. The Board of
Supervisors shall deal with administrative mat-
ters only in the manner provided by this Charter,
and any dictation, suggestion or interference
herein prohibited on the part of any Supervisor
shall constitute official misconduct; provided,
however, that nothing herein contained shall
restrict the power of hearing and inquiry as
provided in this Charter.

Notwithstanding any other provisions of this
section, it shall not constitute prohibited inter-
ference for a member of the Board of Supervisors
to testify regarding administrative matters other
than specific contract and personnel decisions at
a public meeting of a City board, commission,
task force or other appointive body, or for the
Board of Supervisors to adopt legislation regard-
ing administrative matters other than specific
contract and personnel decisions.

Violation of this section shall constitute offi-
cial misconduct.

SEC. 2.115. FINANCIAL AUDIT.

The Board of Supervisors shall select a firm
or firms of independent accountants to audit and
report upon the annual financial statements of
the City and County.

SEC. 2.116. PRESIDENT OF THE BOARD
OF SUPERVISORS.

At its regular meeting on the eighth day of
January in odd-numbered years, the Board of
Supervisors shall by majority vote elect one of its
members as President for a two-year term. If a
vacancy in the office of President of the Board of
Supervisors shall occur prior to the end of the
term, the Board of Supervisors shall by majority
vote elect one of its members to fill the unexpired
portion of the term. The President shall preside
at all meetings, appoint all standing and special
committees, assign legislation to committees.

Supp. No. 13, January 2008

Sec. 2.116. San Francisco - Charter 12

and have such other powers and duties as may
be assigned by the Board of Supervisors. (Amended
November 1996)

SEC. 2.117. OFFICES OF THE BOARD
OF SUPERVISORS.

Each member of the Board of Supervisors
shall have two staff members pursuant to Sec-
tion 10.104. The Board of Supervisors shall ap-
point a Clerk of the Board. The Clerk of the
Board shall have charge of the office and records
of the Board and its committees and its classified
staff. The Clerk shall keep a public record of the
proceedings of the board as provided by Section
2.108 of this Charter and shall keep properly
indexed files of all ordinances and resolutions.
The Clerk shall be responsible for the publica-
tion, as required by law, of ordinances, resolu-
tions and other matters acted on by the Board for
which publication is specified. The Clerk shall
have such other duties and responsibilities as
the Board of Supervisors may prescribe.

The Board of Supervisors shall appoint and
may remove a Budget Analyst and such appoint-
ment shall be made solely on the basis of quali-
fications by education, training and experience
for the position to be filled. The Budget Analyst
shall be responsible for such duties as the Board
of Supervisors shall prescribe.

[The next page is 21] Supp. No. 13, January 2008

ARTICLE III: EXECUTIVE BRANCH— OFFICE OF MAYOR

Sec. 3.100. Powers and Responsibilities.

Sec. 3.101. Term of Office.

Sec. 3.102. Absence from State or

Temporary Disability.
Sec. 3.103. Veto Power.
Sec. 3.104. City Administrator.
Sec. 3.105. Controller; City Services

Auditor.

SEC. 3.100. POWERS AND
RESPONSIBILITIES.

The Mayor shall be the chief executive officer
and the official representative of the City and
County, and shall serve full time in that capacity.
The Mayor shall devote his or her entire time
and attention to the duties of the office, and shall
not devote time or attention to any other occu-
pation or business activity. The Mayor shall
enforce all laws relating to the City and Comity,
and accept service of process on its behalf.

The Mayor shall have responsibility for:

1. General administration and oversight of
all departments and governmental units in the
executive branch of the City and County;

2. Coordination of all intergovernmental ac-
tivities of the City and County;

3. Receipt and examination of complaints
relating to the administration of the affairs of
the City and County, and timely delivery of
notice to the complainant of findings and actions
taken;

4. Assurance that appointees to various gov-
ernmental positions with the City and County
are qualified and are as representative of the
communities of interest and diverse population
of the City and County as is reasonably practi-
cable, and are representative of both sexes;

5. Submission of ordinances and resolu-
tions by the executive branch for consideration
by the Board of Supervisors;

6. Presentation before the Board of Super-
visors of a policies and priorities statement set-
ting forth the Mayor's policies and budget priori-
ties for the City and County for the ensuing fiscal
year;

7. Introduction before the Board of Super-
visors of the annual proposed budget or multi-
year budget which shall be initiated and pre-
pared by the Mayor. The Mayor shall seek
comments and recommendations on the pro-
posed budget from the various commissions, of-
ficers and departments; and

8. Preparation of and introduction to the
Board of Supervisors of supplemental appropria-
tions.

The Mayor shall have the power to:

9. Speak and be heard with respect to any
matter at any meeting of the Board of Supervi-
sors or any of its committees, £md shall have a
seat but no vote on all boards and commissions
appointed by the Mayor;

10. As provided in Section 3.103 of this
Charter, veto any ordinance or resolution passed
by the Board of Supervisors;

11. Subject to the fiscal provisions of this
Charter and budgetary approval by the Board of
Supervisors, appoint such staff as may be needed
to perform the duties and carry out the respon-
sibilities of the Mayor's office, provided that no
member of the staff shall receive a salary in
excess of seventy percent of that paid the Mayor.
For purposes of this provision, staff does not
include the City Administrator, department heads
or employees of departments placed under his or
her direction by Section 3.104. Notwithstanding
any other provisions or limitations of this Char-
ter to the contrary, the Mayor may not designate
nor may the City and County employ on the
Mayor's behalf any person to act as deputy to the
Mayor or any similar emplojonent classification,
regardless of title, whose responsibilities include
but are not necessarily limited to supervision of

Supp. No. 13, January 2008

Sec. 3.100.

San Francisco - Charter

the administration of any department for which
the City Administrator, an elected official other
than the Mayor or an appointed board or com-
mission is assigned responsibility elsewhere in
this Charter;

12. Designate a member of the Board of
Supervisors to act as Mayor in the Mayor's
absence from the state or during a period of
temporary disability;

13. In the case of an emergency threatening
the lives, property or welfare of the City and
County or its citizens, the Mayor may direct the
personnel and resources of any department, com-
mand the aid of other persons, and do whatever
else the Mayor may deem necessary to meet the
emergency;

In meeting an emergency, the Mayor shall
act only with the concurrence of the Board of
Supervisors, or a majority of its members imme-
diately available if the emergency causes any
member of the Board to be absent. The Mayor
shall seek the Board's concurrence as soon as is
reasonably possible in both the declaration of an
emergency and in the action taken to meet the
emergency. Normal notice, posting and agenda
requirements of the Board of Supervisors shall
not be applicable to the Board's actions pursuant
to these provisions;

14. Make an appointment to fill any va-
cancy in an elective office of the City and County
until a successor shall have been elected;

15. Subject to the provisions of Charter
Section 2.113, submit to the voters a declaration
of policy or ordinance on any matter on which the
Board of Supervisors is empowered to pass;

16. Have and exercise such other powers as
are provided by this Charter or by law for the
chief executive officer of a City and County;

17. Unless otherwise specifically provided,
make appointments to boards and commissions
which shall be effective immediately and remain
so, unless rejected by a two-thirds vote of the
Board of Supervisors within 30 days following
transmittal of Notice of Appointment. The Notice
of Appointment shall include the appointee's
qualifications to serve and a statement how the

appointment represents the communities of in-
terest, neighborhoods and diverse populations of
the City and County;

18. Appoint department heads subject to
the provisions of this Charter; and

19. Prepare and submit schedule of rates,
fees and other similar charges to the Board of
Supervisors. (Amended by Proposition C, Ap-
proved 11/6/2007)

SEC. 3.101. TERM OF OFFICE.

The Mayor shall serve a four-year term. No
person shall serve as mayor for more than two
successive terms. A part of a term that exceeds
two years shall count as a fall term. There shall
be no limit on the non- successive terms that a
person may serve.

SEC. 3.102. ABSENCE FROM STATE OR
TEMPORARY DISABILITY.

If the Mayor is absent from the state or
temporarily disabled without designating an Act-
ing Mayor, the President of the Board of Super-
visors shall act as Mayor until such time as the
Mayor shall return to office.

In case of a disaster in which neither the
Mayor nor the President of the Board of Super-
visors is able to serve as Mayor, the order of
succession shall be as designated by ordinance.
(Amended November 2001)

SEC. 3.103. VETO POWER.

Any ordinance or resolution passed by the
Board of Supervisors shall be promptly delivered
to the Mayor for consideration. If the Mayor
approves the ordinance or resolution, the Mayor
shall sign it and it shall become effective as
provided in Section 2.105 of this Charter. If the
Mayor disapproves the ordinance or resolution,
the Mayor shall promptly return it to the Board
of Supervisors without the Mayor's signature,
accompanied by a statement indicating the rea-
sons for disapproval and any recommendations
which the Mayor may have. Any ordinance or
resolution so disapproved by the Mayor shall
become effective only if, subsequent to its return,
it shall be passed by a vote of the Board of

Supp. No. 13, January 2008

Executive Branch — Office of Mayor

Sec. 3.105.

Supervisors required by Section 2.106 of this
Charter. Any ordinance or resolution shall be-
come effective, with or without the Mayor's sig-
nature, unless it is disapproved by the Mayor
and returned to the Board of Supervisors not
more than ten days after the date the ordinance
or resolution was delivered to the Mayor's Office
for consideration.

SEC. 3.104. CITY ADMINISTRATOR.

The Mayor shall appoint or reappoint a City
Administrator, subject to confirmation by the
Board of Supervisors. The appointee shall have
at least ten years' governmental management or
finance experience with at least five years at the
City, County, or City and County level. The City
Administrator shall have a term of office of five
years, and may be removed by the Mayor subject
to approval by the Board of Supervisors.

The City Administrator shall have responsi-
bility for:

1. Administrative services within the execu-
tive branch, as assigned by the Mayor or by
ordinance;

2. Administering policies and procedures
regarding bonded or other long-term indebted-
ness, procurement, contracts and building and
occupancy permits, and for assuring that all
contracts and permits are issued in a fair and
impartial manner and that any inspections in-
volved with the issuance of permits shall be
carried out in a like manner;

3. Coordinating all capital improvement and
construction projects except projects solely under
the Airport, Port, Public Utilities and Public
Transportation Commissions;

4. Preparing and recommending bond mea-
sures for consideration by the Mayor and Board
of Supervisors; and

5. Administering, budgeting and control of
publicity and advertising expenditures.

The City Administrator shall have power to:

6. With the concurrence of the Mayor, ap-
point and remove the directors of the Depart-
ments of Administrative Services, Solid Waste,

Public Guardian/Administrator, and Pubhc Works,
and such other department heads which are
placed under his or her direction;

7. Propose rules governing procurement and
contracts to the Board of Supervisors for consid-
eration;

8. Award contracts without interference fi'om
the Mayor or Board of Supervisors; and

9. Coordinate the issuance of bonds and
notes for capital improvements, equipment and
cash flow borrowings, except for projects solely
under the Airport, Port, Public Utilities and
Public Transportation Commissions.

In those instances where contract awards are
not subject to Board of Supervisors' review, the
City Administrator shall award contracts in full
compliance with applicable laws and this Char-
ter. The City Administrator's decision in such
cases shall be final.

SEC. 3.105. CONTROLLER; CITY
SERVICES AUDITOR.

The Mayor shall appoint or reappoint a Con-
troller for a ten-year term, subject to confirma-
tion by the Board of Supervisors. The Controller
may only be removed by the Mayor for cause,
with the concurrence of the Board of Supervisors
by a two-thirds vote.

The Controller shall be responsible for the
timely accounting, disbursement or other dispo-
sition of monies of the City and County in accor-
dance with sound financial practices applicable
to municipalities and counties. The Controller
shall have the power and duties of a County
auditor, except as otherwise provided in this
Charter. The Controller shall have authority to
audit the accounts and operations of all boards,
commissions, officers and departments to evalu-
ate their effectiveness and efficiency. The Con-
troller shall have access to, and authority to,
examine all documents, records, books and other
property of any board, commission, officer or
department.

The Controller shall also serve as City Ser-
vices Auditor for the City and County. As City
Services Auditor, the Controller shall be respon-

Supp. No. 13, January 2008

Sec. 3.105.

San Francisco - Charter

sible for monitoring the level and effectiveness of
services rendered by the City to its residents, as
set forth in Appendix F to this Charter.

Should the Controller determine at any time
during the fiscal year that the revenues of the
General Fund, or any special, sequestered or
other fund are insufficient or appear to be insuf-
ficient to support the remaining anticipated ex-
penditure from that fund for the fiscal year for
any department, function or program, the Con-
troller shall reduce or reserve all or a portion of
the expenditure appropriation until such time as
the Controller determines that the anticipated
revenues for the remainder of that fiscal year are
sufficient to support the level of expenditure
anticipated for the remainder of the fiscal year.
Whenever the Controller makes a reduction or
reservation, the Controller shall so inform the
Mayor and Board of Supervisors within 24 hours.

The Controller shall exercise general super-
vision over the accounts of all officers, commis-
sions, boards and employees of the City and
County charged in any manner with the receipt,
collection or disbursement of City and County
funds or other funds, in their capacity as City
and County officials or employees. The Control-
ler shall establish accounting records, proce-
dures and internal controls with respect to all
financial transactions of the City and County.
Such records, procedures and controls shall per-
mit the financial statements of the City and
County to be prepared in conformity with gener-
ally accepted accounting principles applicable to
municipalities and counties.

The Controller shall within 150 days of the
end of each fiscal year prepare an annual report
of the financial condition of the City and County.
Such annual report shall be prepared in accor-
dance with generally accepted accounting prin-
ciples. The annual report shall contain such
information and disclosures as shall be neces-
sary to present to the public a full and under-
standable report of all City and County financial
activity.

The Controller shall prepare an impartial
financial analysis of each City and County ballot
measure which shall include the amount of any

increase or decrease in the cost of government of
the City and County and its effect upon the cost
of government. Such analysis shall be issued in
sufficient time to permit inclusion in the voters'
pamphlet.

The Controller shall issue from time to time
such periodic or special financial reports as may
be requested by the Mayor or Board of Supervi-
sors.

All disbursements of funds in the custody of
the Treasurer must be authorized by the Con-
troller. No officer or employee shall bind the City
and County to expend money unless there is a
written contract or other instrument and unless
the Controller shall certify that sufficient unen-
cumbered balances are available in the proper
fund to meet the pajnnents under such contract
or other obHgation as these become due. (Amended
November 2003)

[The next page is 33]

Supp. No. 13, January 2008

ARTICLE IV: EXECUTIVE BRANCH— BOARDS, COMMISSIONS AND DEPARTMENTS

Sec. 4.100. General.

Sec. 4.101. Boards and Commissions —

Composition.
Sec. 4.101.5. Hold-Over Service by Board and

Commission Members.
Sec. 4.102. Boards and Commissions —

Powers and Duties.
Sec. 4.103. Boards and Commissions —

Annual Report.

Sec. 4.104. Boards and Commissions —
Rules and Regulations.

Sec. 4.105. Planning Commission.

Sec. 4.106. Board of Appeals.

Sec. 4.107. Human Rights Commission.

Sec. 4.108. Fire Commission.

Sec. 4.109. Police Commission.

Sec. 4.110. Health Commission.

Sec. 4.111. Human Services Commission.

Sec. 4.112. Public Utilities Commission.

Sec. 4.113. Recreation and Park
Commission.

Sec. 4.114. Port Commission.
Sec. 4.115. Airport Commission.
Sec. 4.116. Parking and Traffic
Commission.

Sec. 4.117. Entertainment Commission.
Sec. 4.118. Commission on the

Environment.
Sec. 4.119. Commission on the Status of

Women.
Sec. 4.120. Commission on Aging.
Sec. 4.121. Building Inspection

Commission.

Sec. 4.122. Youth Commission.

Sec. 4.123. Youth Commission Membership;

Appointment; Terms; Meetings;

Compensation; Director.
Sec. 4.124. Youth Commission — Purpose

and Duties.
Sec. 4.125. Jurisdiction.

Sec. 4.126. Departments — General

Provisions.
Sec. 4.127. Police Department.
Sec. 4.128. Fire Department.
Sec. 4.129. Department of Administrative

Services.
Sec. 4.130. Department of Public Works.
Sec. 4.131. County Clerk.

Sec. 4.132. Executive Branch

Reorganization.
Sec. 4.133. Taxi Commission.
Sec. 4.134. Small Business Commission.

SEC. 4.100. GENERAL.

In addition to the office of the Mayor, the
executive branch of the City and County shall be
composed of departments, appointive boards, com-
missions and other units of government. To the
extent law permits, each appointive board, com-
mission, or other unit of government of the City
and County established by state or federal law
shall be subject to the provisions of this Article
and this Charter.

SEC. 4.101. BOARDS AND
COMMISSIONS— COMPOSITION.

Unless otherwise provided in this Charter,
the composition of each appointive board, com-
mission or advisory body of any kind established
by this Charter or legislative act of the United
States of America, the State of California or the
Board of Supervisors shall:

1. Be broadly representative of the commu-
nities of interest, neighborhoods, and the diver-
sity in ethnicity, race, age, and sexual orienta-
tion of the City and County and have
representation of both sexes; and

2. Consist of electors of the City and County
at all times during the term of their respective
offices, unless otherwise specifically provided in
this Charter; or in the case of boards, commis-
sions or advisory bodies established by legisla-

Supp. No. 13, January 2008

Sec. 4.101.

San Francisco - Charter

tive act the position is (a) designated by ordi-
nance for a person under legal voting age, or (b)
unless specifically exempt from the provisions,
or waived by the appointing officer or entity
upon a finding that an elector with specific
experience, skills or qualifications willing to serve
could not be located within the City and County.

Vacancies on appointive boards, commissions
or other units of government shall be filled for
the balance of the unexpired term in the manner
prescribed by this Charter or ordinance for ini-
tial appointments.

Terms of office shall continue as they existed
on the effective date of this Charter.

SEC. 4.101.5. HOLD-OVER SERVICE BY
BOARD AND COMMISSION MEMBERS.

(a) Application of this Section. Unless
otherwise provided in this Charter or required
by law, the requirements of this Section shall
apply to the members of each appointive board,
commission, or other unit of government of the
executive branch of the City and County or
otherwise created in the Charter ("Charter Com-
mission"). Citizen advisory committees created
in the Charter shall not be considered Charter
Commissions for purposes of this Section. The
provisions of this Section shall not apply to
boards or commissions created in Article V (Ex-
ecutive Branch — ^Arts and Culture) or Article XII
(Employee Retirement and Health Service Sys-
tems) of this Charter.

(b) Limitations on Hold-Over-Service.

Except as otherwise provided in this Charter, the
tenure of a member of any Charter Commission
shall terminate no later than 60 days after the
expiration of the member's term, unless the
member is re-appointed. A member may not
serve as a hold-over member of a Charter Com-
mission for more than 60 days after the expira-
tion of his or her term. The tenure of any person
sitting as a hold-over member on the effective
date of this amendment shall terminate no later
than 60 days after the effective date of this
amendment. (Added by Proposition B, Approved
11/6/2007)

SEC. 4.102. BOARDS AND
COMMISSIONS— POWERS AND DUTIES.

Unless otherwise provided in this Charter,
each appointive board, commission or other unit
of government of the executive branch of the City
and County shall:

1. Formulate, evaluate and approve goals,
objectives, plans and programs and set policies
consistent with the overall objectives of the City
and County, as established by the Mayor and the
Board of Supervisors through the adoption of
City legislation;

2. Develop and keep current an Annual
Statement of Purpose outlining its areas of juris-
diction, authorities, purpose and goals, subject to
review and approval by the Mayor and the Board
of Supervisors;

3. After public hearing, approve applicable
departmental budgets or any budget modifica-
tions or fiind transfers requiring the approval of
the Board of Supervisors, subject to the Mayor's
final authority to initiate, prepare and submit
the annual proposed budget on behalf of the
executive branch and the Board of Supervisors'
authority under Section 9.103;

4. Recommend to the Mayor for submission
to the Board of Supervisors rates, fees and simi-
lar charges with respect to appropriate items
coming within their respective jurisdictions;

5. Unless otherwise specifically provided,
submit to the Mayor at least three qualified
applicants, and if rejected, to make additional
nominations in the same manner, for the posi-
tion of department head, subject to appointment
by the Mayor;

6. Remove a department head; the Mayor
may recommend removal of a department head
to the commission, and it shall be the commission's
duty to act on the Mayor's recommendation by
removing or retaining the department head within
30 days; failure to act on the Mayor's recommen-
dation shall constitute official misconduct;

7. Conduct investigations into any aspect of
governmental operations within its jurisdiction
through the power of inquiry, and make recom-
mendations to the Mayor or the Board of Super-
visors;

Supp. No. 13, January 2008

Executive Branch — ^Boards, Commissions and Departments

Sec. 4.104.

8. Exercise such other powers and duties as
shall be prescribed by the Board of Supervisors;
and

9. Appoint an executive secretary to man-
age the affairs and operations of the board or
commission.

In furtherance of the discharge of its respon-
sibilities, an appointive board, commission or
other unit of government may:

10. Hold hearings and take testimony; and

11. Retain temporary counsel for specific
purposes, subject to the consent of the Mayor
and the City Attorney.

Each board or commission, relative to the
affairs of its own department, shall deal with
administrative matters solely through the de-
partment head or his or her designees, and any
dictation, suggestion or interference herein pro-
hibited on the part of any member of a board or
commission shall constitute official misconduct;
provided, however, that nothing herein con-
tained shall restrict the board or commission's
powers of hearing and inquiry as provided in this
Charter.

SEC. 4.103. BOARDS AND
COMMISSIONS— ANNUAL REPORT.

As of the operative date of this Charter and
until this requirement is changed by the Board of
Supervisors, each board and commission of the
City and County shall be required by ordinance
to prepare an annual report describing its active-
ties, and shall file such report with the Mayor
and the Clerk of the Board of Supervisors. The
Annual Report can be included in the Annual
Statement of Purpose as provided for in Section
4.102(2).

SEC. 4.104. BOARDS AND
COMMISSIONS— RULES AND
REGULATIONS.

(a) Unless otherwise provided in this Char-
ter, each appointive board, commission or other
unit of government of the executive branch of the
City and County shall:

1. Adopt rules and regulations consistent
with this Charter and ordinances of the City and
County. No rule or regulation shall be adopted,

amended or repealed, without a public hearing.
At least ten days' public notice shall be given for
such public hearing. All such rules and regula-
tions shall be filed with the Clerk of the Board of
Supervisors.

2. Hold meetings open to the public and
encourage the participation of interested per-
sons. Except for the actions taken at closed
sessions, any action taken at other than a public
meeting shall be void. Closed sessions may be
held in accordance with applicable state statutes
and ordinances of the Board of Supervisors.

3. Keep a record of the proceedings of each
regular or special meeting. Such record shall
indicate how each member voted on each ques-
tion. These records, except as may be limited by
state law or ordinance, shall be available for
public inspection.

(b) The presence of a majority of the mem-
bers of an appointive board, commission or other
unit of government shall constitute a quorum for
the transaction of business by such body. The
term "presence" shall include participation by
teleconferencing or other electronic means as
authorized by Government Code Section 54953(b)
or any successor legislation after the Board of
Supervisors has adopted an ordinance pursuant
to subsection (c) allowing such participation when
the member is physically unable to attend in
person, as certified by a health care provider, due
to the member's pregnancy, childbirth, or related
condition. The Board of Supervisors may also, as
part of a parental leave policy adopted pursuant
to subsection (c), authorize a member of a board
or commission to participate in meetings by
teleconferencing or other electronic means when
the member is absent to care for his or her child
after birth of the child, or after placement of the
child with the member or the member's immedi-
ate family for adoption or foster care. Unless
otherwise required by this Charter, the affirma-
tive vote of a majority of the members shall be
required for the approval of any matter, except
that the rules and regulations of the body may
provide that, with respect to matters of proce-
dure the body may act by the affirmative vote of
a majority of the members present, so long as the

Supp. No. 13, January 2008

Sec. 4.104.

San Francisco - Charter

members present constitute a quorum. All ap-
pointive boards, commissions or other units of
government shall act by a majority, two-thirds,
three-fourths or other vote of all members. Each
member present at a regular or special meeting
shall vote "yes" or "no" when a question is put,
unless excused from voting by a motion adopted
by a majority of the members present.

(c) Notwithstanding the provisions of Char-
ter Section 10.101, the Board of Supervisors
shall provide by ordinance for parental leave
policies for members of appointive boards, com-
missions or other units of government, including,
but not limited to, authorization to participate in
meetings by teleconferencing or other electronic
means pursuant to subsection (b) and subject to
the restrictions listed in that subsection. (Amended
by Proposition B, Approved 11/7/2006)

SEC. 4.105. PLANNING COMMISSION.

GENERAL. The Planning Commission shall
consist of seven members nominated and ap-
pointed pursuant to this section. Four of the
members shall be nominated by the Mayor, and
three of the members shall be nominated by the
President of the Board of Supervisors. Charter
Section 4.101 shall apply to these appointments,
with particular emphasis on the geographic di-
versity of City neighborhoods. Vacancies shall be
filled by the appointing officer.

Each nomination of the Mayor and the Presi-
dent of the Board of Supervisors is subject to
approval by the Board of Supervisors, and shall
be the subject of a public hearing and vote within
60 days. If the Board fails to act on the nomina-
tion within 60 days of the date the nomination is
transmitted to the Clerk of the Board of Super-
visors, the nominee shall be deemed approved.
The appointment shall become effective on the
date the Board adopts a motion approving the
nomination or after 60 days of the date the
nomination is transmitted to the Clerk of the
Board of Supervisors.

Members may be removed by the appointing
officer only pursuant to Section 15.105.

In order to stagger the terms, three members
shall initially serve two-year terms, and four

members shall initially service four-year terms.
The initial two and four-year terms of office shall
be instituted as follows:

1. The respective terms of office of members
of the Planning Commission who hold office on
the first day of July, 2002, shall expire at 12
o'clock noon on that date, and the four members
appointed by the Mayor and the three members
appointed by the President of the Board of Su-
pervisors shall succeed to said offices at that
time.

2. The Clerk of the Board of Supervisors
shall determine by lot which two of the four
Mayoral appointees shall serve an initial two-
year term, and which one of the three appointees
of the President of the Board of Supervisors shall
serve an initial two-year term. The remaining
appointees shall serve four-year terms. All sub-
sequent terms shall be four years.

The Commission shall provide the Mayor
with at least three qualified candidates for Di-
rector of Planning, selected on the basis of ad-
ministrative and technical qualifications, with
special regard for experience, training and knowl-
edge in the field of City planning.

The Commission may contract with consult-
ants for such services as it may require subject to
the fiscal provisions of this Charter.

GENERAL PLAN. The Commission shall pe-
riodically recommend to the Board of Supervi-
sors for approval or rejection proposed amend-
ments to the General Plan. If the Board of
Supervisors fails to act within 90 days of receipt,
the proposed General Plan or amendments shall
be deemed approved. The General Plan which
will initially consist of the Master Plan in effect
immediately prior to the effective date of this
Charter shall consist of goals, policies and pro-
grams for the future physical development of the
City and County that take into consideration
social, economic and environmental factors. In
developing their recommendations, the Commis-
sion shall consult with commissions and elected
officials, and shall hold public hearings as part of
a comprehensive planning process. The Planning
Department, in consultation with other depart-
ments and the City Administrator, shall periodi-

Supp. No. 13, January 2008

36.1

Executive Branch — ^Boards, Commissions and Departments

Sec. 4.105.

cally prepare special area, neighborhood and
other plans designed to carry out the General
Plan, and periodically prepare implementation
programs and schedules which link the General
Plan to the allocation of local, state and federal
resources. The Planning Department may make
such other reports and recommendations to the
Mayor, Board of Supervisors and other offices
and governmental units as it may deem neces-
sary to secure understanding and a systematic
effectuation of the General Plan.

In preparing any plans, the Planning Depart-
ment may include plans for systems and areas
within the Bay Region which have a planning
relationship with the City and Comity.

REFERRAL OF CERTAIN MATTERS. The
following matters shall, prior to passage by the
Board of Supervisors, be submitted for written
report by the Planning Department regarding
conformity with the General Plan:

1. Proposed ordinances and resolutions con-
cerning the acquisition or vacation of property
by, or a change in the use or title of property
owned by, the City and County;

2. Subdivisions of land within the City and
County;

3. Projects for the construction or improve-
ment of public buildings or structures within the
City and County;

4. Project plans for public housing, or pub-
licly assisted private housing in the City and
County;

5. Redevelopment project plans within the
City and County; and

6. Such other matters as may be prescribed
by ordinance.

The Commission shall disapprove any pro-
posed action referred to it upon a finding that
such action does not conform to the General
Plan. Such a finding may be reversed by a vote of
two-thirds of the Board of Supervisors.

All such reports and recommendations shall
be issued in a manner and within a time period
to be determined by ordinance.

PERMITS AND LICENSES. All permits and
licenses dependent on, or affected by, the City

Planning Code administered by the Planning
Department shall be approved by the Commis-
sion prior to issuance. The Commission may
delegate this approval function to the Planning
Department.

ENFORCEMENT. The Planning Department
shall administer and enforce the City Planning
Code.

ZONING AMENDMENTS. The Commission
may propose for consideration by the Board of
Supervisors ordinances regulating or controlling

Supp. No. 13, January 2008

[INTENTIONALLY LEFT BLANK]

Supp. No. 13, January 2008

Executive Branch — Boards, Commissions and Departments

Sec. 4.105.

the height, area, bulk, set-back, location, use or
related aspects of any building, structure or
land. An ordinance proposed by the Board of
Supervisors concerning zoning shall be reviewed
by the Commission. Applications for the reclas-
sification of property may be made by interested
parties and must be reviewed by the Commis-
sion.

Notwithstanding the Commission's disap-
proval of a proposal from the Board of Supervi-
sors or the application of interested parties, the
Board of Supervisors may adopt the proposed
ordinance; however, in the case of any proposal
made by the application of interested parties,
any such adoption shall be by a vote of not less
than two-thirds of the Board of Supervisors.

No application of interested parties propos-
ing the same or substantially the same ordi-
nance as that disapproved by the Commission or
by the Board of Supervisors shall be resubmitted
to or reconsidered by the Commission within a
period of one year from the effective date of final
action upon the earlier application.

ZONING ADMINISTRATOR. The director of
planning shall appoint a Zoning Administrator
from a list of qualified applicants provided pur-
suant to the Civil Service provisions of the Char-
ter. The Zoning Administrator shall be respon-
sible for the determination of all zoning variances.
The administrator shall have the power to grant
only those variances that are consistent with the
general purpose and the intent of the zoning
ordinance, and in accordance with the general
and specific rules of the zoning ordinance, sub-
ject to such conditions and safeguards as the
Zoning Administrator may impose. The power to
grant variances shall be applied only when the
plain and literal interpretation and enforcement
of the zoning ordinance would result in practical
difficulties, unnecessary hardships or where the
results would be inconsistent with the general
purpose of the zoning ordinance. Decisions of the
Zoning Administrator regarding zoning vari-
ances may be appealed to the Board of Appeals.

Before any such variance may be granted,
there shall appear, and the Zoning Administra-
tor shall specify in his or her findings, the facts
in each case which shall establish:

(a) That there are exceptional or extraordi-
nary circumstances or conditions appljdng to the
property involved or to the intended use of the
property that do not apply generally to the
property or class of uses in the same district or
zone;

(b) That owing to such exceptional or ex-
traordinary circumstances the literal enforce-
ment of the zoning ordinance would result in
practical difficulty or unnecessary hardship not
created by or attributable to the applicant or the
owner of the property;

(c) That such variance is necessary for the
preservation and enjo5nnent of a substantial prop-
erty right of the applicant, possessed by other
property in the same zone and vicinity;

(d) That the granting of the variance will
not be materially detrimental to the public wel-
fare or injurious to the property or improve-
ments in such zone or district in which the
property is located; and

(e) That the granting of such variance will
be in harmony with the general purpose and
intent of the zoning ordinance and will not
adversely affect the general plan.

The determination of the Zoning Administra-
tor shall be final except that appeals therefrom
may be taken, as hereinafter provided, to the
Board of Appeals, exclusively and notwithstand-
ing any other provisions of this Charter, by any
person aggrieved or by any office, agency, or
department of the City and County. An appeal
from a determination of the Zoning Administra-
tor shall be filed with the Board of Appeals
within ten days from the date of such determi-
nation. Upon making a ruling or determination
upon any matter under his or her jurisdiction,
the Zoning Administrator shall thereupon fur-
nish a copy thereof to the applicant and to the
Director of Planning. No variance granted by the
Zoning Administrator shall become effective un-

Sec. 4.105.

San Francisco - Charter

til ten days thereafter. An appeal shall stay all
proceedings in furtherance of the action ap-
pealed from.

CONDITIONAL USE. The Commission shall
have the power to hear and decide conditional
use applications. An appeal may be taken to the
Board of Supervisors from a decision of the
Commission to grant or deny a conditional use
application. The Board of Supervisors may dis-
approve the decision of the Commission by a vote
of not less than two-thirds of the members of the
Board. (Amended March 2002)

SEC. 4.106. BOARD OF APPEALS.

(a) The Board of Appeals shall consist of
five members nominated and appointed pursu-
ant to this section. Three of the members shall be
nominated by the Mayor, and two of the mem-
bers shall be appointed by the President of the
Board of Supervisors. Charter Section 4.101 shall
apply to these appointments. Vacancies shall be
filled by the appointing officer.

Members may be removed by the appointing
officer only pursuant to Section 15.105.

In order to stagger the terms, three members
shall initially serve two-year terms, and two
members shall initially service four-year terms.
The initial two and four-year terms of office shall
be instituted as follows:

1. The respective terms of office of members
of the Board of Appeals who hold office on the
first day of July, 2002, shall expire at 12 o'clock
noon on that date, and the three members ap-
pointed by the Mayor and the two members

appointed by the President of the Board of Su-
pervisors shall succeed to said offices at that
time.

2. The clerk of the Board of Supervisors
shall determine by lot which two of the three
Mayoral appointees shall serve an initial two-
year term, and which one of the two appointees
of the President of the Board of Supervisors shall
serve an initial two-year term. The remaining
appointees shall serve four-year terms. All sub-
sequent terms shall be four years.

The Board shall appoint and may remove an
executive secretary, who shall serve as depart-
ment head.

(b) The Board shall hear and determine
appeals with respect to any person who has been
denied a permit or license, or whose permit or
license has been suspended, revoked or with-
drawn, or who believes that his or her interest or
the public interest will be adversely affected by
the grant, denial, suspension or revocation of a
license or permit, except for a permit or license
under the jurisdiction of the Recreation and
Park Commission or Department, or the Port
Commission, or a building or demolition permit
for a project that has received a permit or license
pursuant to a conditional use authorization.

1. Where it is alleged there is error or abuse
of discretion in any order, requirement, decision
or determination made by the Zoning Adminis-
trator in the enforcement of the provisions of any
ordinance adopted by the Board of Supervisors
creating zoning districts or regulating the use of
property in the City and County; or

2. From the rulings, decisions and determi-
nations of the Zoning Administrator granting or
denying applications for variances from any rule,
regulation, restriction or requirement of the zon-
ing or set-back ordinances, or any section thereof.
Upon the hearing of such appeals, the Board
may affirm, change, or modify the ruling, deci-
sion or determination appealed from, or, in lieu
thereof, make such other additional determina-
tions as it shall deem proper in the premises.

Executive Branch — Boards, Commissions and Departments

Sec. 4.109.

subject to the same limitations as are placed
upon the Zoning Administrator by this Charter
or by ordinance.

(d) After a hearing and any necessary in-
vestigation, the Board may concur in the action
of the department involved, or by the affirmative
vote of four members (or if a vacancy exists, by a
vote of three members) overrule the action of the
Department.

Where the Board exercises its authority to
modify or overrule the action of a department,
the Board shall state in summary its reasons in
writing. (Amended March 2002)

SEC. 4.107. HUMAN RIGHTS
COMMISSION.

The Human Rights Commission shall consist
of eleven members appointed by the Mayor,
pursuant to Section 3.100, for four-year terms.
Members may be removed by the Mayor.

The Commission shall:

1. Investigate complaints of unlawful dis-
crimination against any person;

2. Ensure the civil rights of all persons;

3. Ensure that the affirmative action plans
of each department of the City and County are
current and are being properly implemented;
and report on the implementation of such affir-
mative action plans to the Mayor and Board of
Supervisors;

4. Promote understanding among the resi-
dents of the City and County and work coopera-
tively with governmental agencies, community
group and others to eliminate discrimination
and the results of past discrimination by furnish-
ing information, guidance and technical assis-
tance;

5. Study, investigate, mediate and make
recommendations with respect to the solving of
community- wide problems resulting in inter-
group tensions and discrimination;

6. Implement the provisions of ordinances
prohibiting discrimination in all contracts and
subsequent subcontracts, franchises, leases, con-
cessions or other agreements for or on behalf of
the City and County; and

7. Issue such rules and regulations for the
conduct of its business, and prepare such ordi-
nances with respect to human rights for consid-
eration by the Board of Supervisors as are nec-
essary to carry out the purposes of this section.

In performing its duties, the Commission
may hold hearings, issue subpoenas to require
witnesses to appear and require the production
of evidence, administer oaths, take testimony
and issue appropriate orders and petitions for
court orders in such manner as may be pre-
scribed by law.

SEC. 4.108. FIRE COMMISSION.

The Fire Commission shall consist of five
members appointed by the Mayor, pursuant to
Section 3.100, for four-year terms. Members may
be removed by the Mayor. In addition to any
other powers set forth in this Charter, the Fire
Commission is empowered to prescribe and en-
force any reasonable rules and regulations that
it deems necessary to provide for the efficiency of
the Department, provided that the civil service
and ethics provisions of this Charter shall con-
trol in the event of any conflict with rules adopted
under this section. (Amended November 2003)

SEC. 4.109. POLICE COMMISSION.

The Police Commission shall consist of seven
members appointed pursuant to this section. The
Mayor shall nominate four members to the com-
mission, at least one of whom shall be a retired
judge or an attorney with trial experience. The
Rules Committee of the Board of Supervisors, or
any successor committee thereto, shall nominate
three other members to the commission. Each
nomination shall be subject to confirmation by
the Board of Supervisors, and the Mayor's nomi-
nations shall be the subject of a public hearing
and vote within 60 days. If the Board of Super-
visors rejects the Mayor's nomination to fill the
seat designated for a retired judge or attorney
with trial experience, the Mayor shall nominate
a different person with such qualifications. If the
Board of Supervisors fails to act on a mayoral
nomination within 60 days of the date the nomi-
nation is transmitted to the Clerk of the Board of
Supervisors, the nominee shall be deemed con-

Sec. 4.109.

San Francisco - Charter

firmed. Appointments to fill a vacancy on the
commission shall become operative on the date
the Board of Supervisors adopts a motion con-
firming the nomination, or on the 61st day fol-
lowing the date a mayoral nomination is trans-
mitted to the Clerk of the Board of Supervisors if
the Board of Supervisors fails to vote on the
nomination prior to such date. Confirmations of
nominations to fill a vacancy that will be created
upon the expiration of a sitting member's term
shall become operative upon the expiration of
the sitting member's term, or, if the Board of
Supervisors fails to act on a mayoral nomination
to fill such anticipated vacancy, on the 61st day
following the date the nomination was transmit-
ted to the Clerk of the Board of Supervisors or on
the expiration of the sitting member's term,
whichever occurs later. The terms and tenures of
all members sitting on the commission as of the
effective date of the amendments to this section
approved at the November 2003 election shall
terminate at 12 noon on April 30, 2004. To
stagger the terms of the seven members thereaf-
ter, of the first four members nominated by the
Mayor, two members shall serve terms of two
years and two members shall serve terms of four
years, and of the three members nominated by
the Rules Committee, one member shall serve a
term of one year, one member shall serve a term
of two years, and one member shall serve a term
of three years. The Clerk of the Board of Super-
visors shall designate such initial terms by lot.
All subsequent appointments to the commission
shall be for four-year terms.

The tenure of each member shall terminate
upon the expiration of the member's term. The
Mayor shall transmit a nomination or renomina-
tion to the Clerk of the Board of Supervisors no
later than 60 days prior to the expiration of the
term of a member nominated by the Mayor. For
vacancies occurring for reasons other than the
expiration of a member's term, within 60 days
following the creation of such vacancy, the Mayor
shall nominate a member to fill such vacancy if
the vacancy is for a seat filled by nomination of
the Mayor.

The District Attorney, Sheriff and Public De-
fender may recommend persons to the Mayor
and Board of Supervisors for nomination or ap-
pointment to the Police Commission.

The Mayor, with the consent of the Board of
Supervisors, may remove a member the Mayor
has nominated. The Board of Supervisors may
remove a member the Rules Committee has
nominated.

Notwithstanding any other provision of the
Charter, the Chief of Police may be removed by
the Commission or the Mayor, acting jointly or .
separately of each other. In addition to any other
powers set forth in this Charter, the Police Com-
mission is empowered to prescribe and enforce
any reasonable rules and regulations that it
deems necessary to provide for the efficiency of
the Department, provided that the civil service
and ethics provisions of this Charter shall con-
trol in the event of any conflict with rules adopted
under this section. (Amended November 2003)

SEC. 4.110. HEALTH COMMISSION.

The Health Commission shall consist of seven
members appointed by the Mayor, pursuant to
Section 3.100, for four-year terms. The Commis-
sion shall have less than a majority of direct care
providers. Members may be removed by the
Mayor only pursuant to Section 15.105. The
Commission shall control the property under its
jurisdiction.

The Commission and the Department shall
manage and control the City and County hospi-
tals, emergency medical services, and in general
provide for the preservation, promotion and pro-
tection of the physical and mental health of the
inhabitants of the City and County, except where
the Charter grants such authority to another
officer or department. The Commission and the
Department may also determine the nature and
character of public nuisances and provide for
their abatement.

SEC. 4.111. HUMAN SERVICES
COMMISSION.

The Human Services Commission shall con-
sist of five members appointed by the Mayor,
pursuant to Section 3.100, for four-year terms.
Members may be removed by the Mayor only
pursuant to Section 15.105.

Executive Branch — Boards, Commissions and Departments

Sec. 4.114.

SEC. 4.112. PUBLIC UTILITIES
COMMISSION.

The Public Utilities Commission shall consist
of five members appointed by the Mayor, pursu-
ant to Section 3.100, for four-year terms. Mem-
bers may be removed by the Mayor only pursu-
ant to Section 15.105.

The Commission shall have charge of the
construction, management, supervision, mainte-
nance, extension, operation, use and control of
all water and energy supplies and utilities of the
City as well as the real, personal and financial
assets, which are under the Commission's juris-
diction on the operative date of this Charter, or
assigned pursuant to Section 4.132.

SEC. 4.113. RECREATION AND PARK
COMMISSION.

The Recreation and Park Commission shall
consist of seven members appointed by the Mayor,
pursuant to Section 3.100, for four-year terms.
Members may be removed by the Mayor only
pursuant to Section 15.105.

Pursuant to the policies and directives set by
the Commission and under the direction and
supervision of the General Manager, the Recre-
ation and Park Department shall manage and
direct all parks, playgrounds, recreation centers
and all other recreation facilities, avenues and
groiuids under the Commission's control or placed
under its jiu*isdiction thereafter, unless other-
wise specifically provided in this Charter.

The Department shall promote and foster a
program providing for organized public recre-
ation of the highest standard.

The Department shall issue permits for the
use of all property under the Commission's con-
trol, pursuant to the policies established by the
Commission.

As directed by the Commission, the Depart-
ment shall administer the Park, Recreation and
Open Space Fund pursuant to Section 16.107 of
this Charter.

The Department shall have the power to
construct new parks, playgrounds, recreation
centers, recreation facilities, squares and groiuids,

and to erect and maintain buildings and struc-
tures on parks, playgrounds, square, avenues
and grounds, except as follows:

1. No building or structure, except for nurs-
eries, equipment storage facilities and comfort
stations, shall be erected, enlarged or expanded
in Golden Gate Park or Union Square Park
unless such action has been approved by a vote of
two-thirds of the Board of Supervisors;

2. No park land may be sold or leased for
non-recreational purposes, nor shall any struc-
ture on park property be built, maintained or
used for non-recreational purposes, unless ap-
proved by a vote of the electors. However, with
permission of the Commission and approval by
the Board of Supervisors, subsurface space un-
der any public park, square or playground may
be used for the operation of a public automobile
parking station under the authority of the De-
partment of Parking and Traffic, provided that
the Commission determines that such a use
would not be, in any material respect or degree,
detrimental to the original purpose for which a
park, square or playground was dedicated or in
contravention of the conditions of any grant
under which a park, square or playground might
have been received. The revenues derived from
any such use, less the expenses incurred by the
Department of Parking and Traffic in operating
these facilities, shall be credited to Recreation
and Park Department funds.

3. The Commission shall have the power to
lease or rent any stadium or recreation field
under its jurisdiction for athletic contests, exhi-
bitions and other special events and may permit
the lessee to charge an admission fee. (Amended
March 2000)

SEC. 4.114. PORT COMMISSION.

The Port Commission shall consist of five
members who shall be appointed by the Mayor,
subject to confirmation by a majority of the
Board of Supervisors. Each of the members shall
serve for a term of four years. They shall be
subject to recall, suspension and removal in the
same manner as an elected official.

Sec. 4.114.

San Francisco - Charter

The Commission shall have the composition
and organization, and the powers, duties and
responsibilities with respect to the Port that are
set forth in the Burton Act, Statutes of 1968,
Chapter 1333, as amended, and in the Agree-
ment Relating to the Transfer of the Port of San
Francisco from the State of California to the City
and County, executed on the 24th day of January
1969.

The Commission shall be subject to the pro-
visions of Sections 4.101 through 4.103 of this
Charter, so far as those powers and duties are
not inconsistent with the Burton Act and the
Transfer Agreement as they are referred to in the
above paragraph.

SEC. 4.115. AIRPORT COMMISSION.

The Airport Commission shall consist of five
members appointed by the Mayor, pursuant to
Section 3.100, for four-year terms. Members may
be removed by the Mayor only pursuant to Sec-
tion 15.105.

The Commission shall provide the Mayor
with at least three qualified candidates for Di-
rector of Airports, related on the basis of execu-
tive, administrative and technical qualifications.

The Commission shall have charge of the
construction, management, supervision, mainte-
nance, extension, operation, use and control of
all property, as well as the real, personal and
financial assets which are imder the Commission's
jurisdiction.

Subject to the approval, amendment or rejec-
tion of the Board of Supervisors of each issue, the
Commission shall have exclusive authority to
plan and issue revenue bonds for airport-related
purposes.

SEC. 4.116. PARKING AND TRAFFIC
COMMISSION.

The Parking and Traffic Commission shall
consist of five members appointed by the Mayor,
pursuant to Section 3.100, for four-year terms.
Members may be removed by the Mayor.

If not in conflict with state law, members of
the Commission, or its successor, shall serve ex
officio as members of the Parking Authority. Any

person may serve concurrently as a member of
the Parking Authority and the Parking and
Traffic Commission. The Commission shall con-
trol all property under its jurisdiction.
Editor's Note:

Proposition E, adopted November 2, 1999, enacted
Charter Sec. 8A.112, and repealed this Charter Section
4.116, to become effective July 1, 2002.

SEC. 4.117. ENTERTAINMENT
COMMISSION.

The San Francisco Entertainment Commis-
sion shall consist of seven members nominated
and appointed pursuant to this section. The
Mayor shall nominate four members to the com-
mission, and the Board of Supervisors shall
appoint, by motion, three other members to the
commission. Each nomination of the Mayor shall
be subject to approval by the Board of Supervi-
sors, and shall be the subject of a public hearing
and vote within 60 days. If the Board of Super-
vises fails to act on a mayoral nomination within
60 days of the date the nomination is transmit-
ted to the Clerk of the Board of Supervisors, the
nominee shall be deemed approved. Appoint-
ments to the commission shall become effective
on the date the Board of Supervisors adopts a
motion approving the nomination or on the 61st
day following the date the mayoral nomination
was transmitted to the Clerk of the Board of
Supervisors if the Board of Supervisors fails to
act upon the nomination prior to such date.

Of the four members nominated by the Mayor,
the Mayor shall nominate one member to repre-
sent the interests of City neighborhood associa-
tions or groups, one member to represent the
interests of entertainment associations or groups,
one member to represent the interests of the
urban planning community, and one member to
represent the interests of the law enforcement
community. Of the three members of the commis-
sion appointed by the Board of Supervisors, one
member shall represent the interests of City
neighborhood associations or groups, one mem-
ber shall represent the interests of entertain-
ment associations or groups, and one member
shall represent the interests of the public health
community.

Executive Branch — Boards, Commissions and Departments

Sec. 4.120.

To stagger the terms of the members, the
initial appointments to the commission shall be
as follows: the Mayor shall nominate two mem-
bers to serve terms of four years, one member to
serve a term of three years, and one member to
serve a term of two years. Of the three remaining
members of the commission, the Board of Super-
visors shall appoint one member to serve a term
of four years, one member to serve a term of
three years, and one member to serve a term of
two years. Except for appointments to fill a
vacancy, all subsequent appointments shall be
for a term of four years.

Members of the commission nominated by
the Mayor may be suspended by the Mayor and
removed by the Board of Supervisors only as set
forth in Section 15.105. Members of the commis-
sion appointed directly by the Board of Supervi-
sors may be suspended by a motion of the Board
of Supervisors approved by six votes and may be
removed by the Board of Supervisors only as set
forth in Section 15.105. (Added November 2002)

SEC. 4.118. COMMISSION ON THE
ENVIRONMENT.

The Commission on the Environment shall
consist of seven members appointed by the Mayor,
pursuant to Section 3.100, for four-year terms.
Members may be removed by the Mayor.

The Department of the Environment shall
regularly produce an assessment of San
Francisco's environmental condition. It shall also
produce and regularly update plans for the long-
term environmental sustainability of San Fran-
cisco.

Pursuant to the policies and directives set by
the Commission, and under the supervision and
direction of the department head, the Depart-
ment shall manage the environmental programs,
duties and functions assigned to it pursuant to
Section 4.132 or by ordinance.

The Commission shall have the authority to
review and make recommendations on any policy
proposed for adoption by any City agency regard-
ing conformity with the long-term plans for en-
vironmental sustainability, except for those re-
garding building and land use.

The Commission may investigate and make
recommendations to all City agencies related to
operations and functions, such as:

1. Solid waste management;

2. Recycling;

3. Energy conservation;

4. Natural resource conservation;

5. Environmental inspections;

6. Toxics;

7. Urban forestry and natural resources;

8. Habitat restoration; and

9. Hazardous materials.

The Commission shall conduct public educa-
tion and outreach to the community on environ-
mental issues, including, but not limited to each
of the categories listed above.

SEC. 4.119. COMMISSION ON THE
STATUS OF WOMEN.

The Commission on the Status of Women
shall consist of seven members. Commission
members shall be appointed by the Mayor, pur-
suant to Section 3.100, for four-year terms. Mem-
bers may be removed by the Mayor only pursu-
ant to Section 15.105. The Commission shall
develop and recommend policies and practices
for the City and County to reduce the particular
impacts on women and girls of problems such as
domestic violence, sexual harassment, employ-
ment and health care inequity, and homeless-
ness, as well as advocate on behalf of women and
girls in such areas. The Commission may be
assigned additional duties and functions by or-
dinance or pursuant to Section 4.132.

SEC. 4.120. COMMISSION ON AGING.

The Commission on the Aging shall consist of
seven members appointed by the Mayor, pursu-
ant to Section 3.100, for four-year terms. Mem-
bers may be removed by the Mayor. The duties
and functions of the Commission shall be as-
signed pursuant to Section 4.132.

Sec. 4.121.

San Francisco ■ Charter

SEC. 4.121. BUILDING INSPECTION
COMMISSION.

The Building Inspection Commission shall
consist of seven members. Four members shall
be appointed by the Mayor for a term of two
years. Three members shall be appointed by the
President of the Board of Supervisors for a term
of two years. Members may be removed by the
appointing officer only pursuant to Section 15.105.
Vacancies occurring in the offices of appointive
members, either during or at the expiration of a
term, shall be filled by the appointing officer.

The four Mayoral appointments shall consist
of a structural engineer, a licensed architect, a
residential builder, and a representative of a
community-based non-profit housing develop-
ment corporation. The three Supervisorial ap-
pointments shall consist of a residential tenant,
a residential landlord, and a member of the
general public.

Notwithstanding any other provision of the
Charter, the Commission shall have the power to
appoint and remove a department head.

SEC. 4.122. YOUTH COMMISSION.

There is hereby established a commission to
be known as the Youth Commission (hereinafter
called "Commission") to advise the Board of
Supervisors and Mayor on issues relating to
children and youth. The Commission shall oper-
ate under the jurisdiction of the Board of Super-
visors.

SEC. 4.123. YOUTH COMMISSION
MEMBERSHIP; APPOINTMENT^ TERMS;
MEETINGS; COMPENSATION;
DIRECTOR.

(a) Commission Membership. The Commis-
sion shall consist of seventeen (17) voting mem-
bers, each of whom shall be between the ages of
12 and 23 years at the time of appointment. Each
member of the Board of Supervisors and the
Mayor shall appoint one member to the Commis-
sion. The Mayor shall also appoint five (5) mem-
bers from underrepresented communities to en-
sure that the Commission represents the diversity
of the City. All appointments shall be completed

by the sixtieth day after the effective date of this
charter amendment and by that date of each
year thereafter. Commission members shall serve
at the pleasure of their appointing authorities.

The Commission shall consist of individuals
who have an understanding of the needs of
young people in San Francisco, or experience
with children and youth programs or youth or-
ganizations, or involvement with school or com-
munity activities. The members shall represent
the diversity of ethnicity, race, gender and sexual
orientation of the people of the City and County,
and shall be residents of the City and County.

(b) Term of Office. Members shall serve a
term of one year. The first one year term for all
members shall begin upon the date the Clerk of
the Board of Supervisors certifies that all mem-
bers of the Commission have been appointed
following the adoption of this charter amend-
ment. Future terms of office shall begin on that
date of each successive year. Members shall
conduct the first meeting of the Commission
within thirty days of the appointment of all
members.

In the event a vacancy occurs during the
term of office of any voting member, a successor
shall be appointed to complete the unexpired
term of the office vacated in a manner similar to
that which the member was initially appointed.

(c) Removal of Members . Any member whom
the Commission certifies to have missed three
regularly scheduled meetings of the Commission
in any six month period without prior authoriza-
tion of the Commission shall be deemed to have
resigned from the Commission effective on the
date of the written certification fi'om the Com-
mission.

(d) Compensation. Members of the Commis-
sion shall not be compensated, nor shall they be
reimbursed for expenses.

(e) Meetings. The Commission shall meet at
least once a month.

(f) Minutes of Meetings. The Commission
shall prepare and maintain permanent minutes
of the actions taken during its meetings, and
shall file copies with the Clerk of the Board of
Supervisors.

Executive Branch — Boards, Commissions and Departments

Sec. 4.126.

(g) Bylaws. To aid in the orderly conduct of
business, the Commission shall have the author-
ity to create, amend, and repeal its own code of
bylaws.

SEC. 4.124. YOUTH COMMISSION-
PURPOSE AND DUTIES.

The purpose of the Commission is to collect
all information relevant to advising the Board of
Supervisors and Mayor on the effects of legisla-
tive policies, needs, assessments, priorities, pro-
grams, and budgets concerning the children and
youth of San Francisco. Before the Board of
Supervisors takes final action on any matter
that primarily affects children and youth of the
City and County, the Clerk of the Board of
Supervisors shall refer the matter to the Com-
mission for comment and recommendation. The
Commission shall provide any response it deems
appropriate within 12 days of the date the Board
of Supervisors referred the matter to the Com-
mission. After the 12 day period has elapsed, the
Board of Supervisors may act on the matter
whether or not the Board has received a re-
sponse. This referral requirement shall not ap-
ply to any matter where immediate action by the
Board of Supervisors is necessary to protect the
public interest. The Commission shall have the
following duties and functions:

(a) Identify the concerns and needs of the
children and youth of San Francisco; examine
existing social, economic, educational, and recre-
ational programs for children and youth; develop
and propose plans that support or improve such
programs; and make recommendations thereon
to the Mayor and Board of Supervisors.

(b) Identify the unmet needs of San
Francisco's children and youth through personal
contact with these young people, school officials,
church leaders, and others; and hold public fo-
rums in which both youth and adults are encour-
aged to participate.

(c) Elicit the interest, support, and mutual
cooperation of private groups (such as fraternal
orders, service clubs, associations, churches, busi-
nesses, and youth organizations) and City-wide
neighborhood planning collaborative efforts for

children, youth and families that initiate and
sponsor recommendations that address the so-
cial, economic, educational, and recreational needs
of children and youth in San Francisco. Advise
the Board of Supervisors and Mayor about how
such recommendations could be coordinated in
the community to eliminate duplication in cost
and effort.

(d) Advise about available sources of gov-
ernmental and private funding for youth pro-
grams.

(e) Submit recommendations to the Mayor
and Board of Supervisors about juvenile crime
prevention, job opportunities for youth, recre-
ational activities for teenagers, opportunities for
effective participation by youth in the govern-
mental process, and changes in City and County
regulations that are necessary to improve the
social, economic, educational, and recreational
advantages of children and youth.

(f) Respond to requests for comment and
recommendation on matters referred to the Com-
mission by officers, departments, agencies, boards,
commissions and advisory committees of the
City and County.

(g) Report to the Board of Supervisors the
activities, goals, and accomplishments of the
Commission by July 1 of each calendar year,
effective July 1, 1997.

SEC. 4.125. JURISDICTION.

The Commission shall be under the jurisdic-
tion of the Board of Supervisors; the Commission
shall have only those powers created by Sections
4.122 through 4.125 or by ordinance of the Board
of Supervisors.

SEC. 4.126. DEPARTMENTS— GENERAL
PROVISIONS.

Except as otherwise provided by this Char-
ter, the responsibilities of each department within
the executive branch shall be prescribed by ordi-
nance.

The administration and management of each
department within the executive branch shall be
the responsibility of the department head. Such
officials may:

1. Appoint qualified individuals to fill all
positions within their departments which are
exempt from the Civil Service provisions of this
Charter;

Sec. 4.126.

San Francisco - Charter

2. Adopt rules and regulations governing
matters within the jurisdiction of their respec-
tive departments, subject, if applicable, to Sec-
tion 4.102; and

3. With the approval of the City Adminis-
trator, reorganize their respective departments.

No person serving on a board or commission
created by state law to discharge a state function
specifically within the City and County may be
employed as a paid staff member to a board or
commission created by this Charter.

SEC. 4.127. POLICE DEPARTMENT.

The Police Department shall preserve the
public peace, prevent and detect crime, and pro-
tect the rights of persons and property by enforc-
ing the laws of the United States, the State of
California and the City and County.

The Chief of Police may appoint and remove
at pleasure special police officers.

The Chief of Police shall have all powers
which are now or that may be conferred upon a
sheriff by state law with respect to the suppres-
sion of any riot, public tumult, disturbance of the
public peace or organized resistance against the
laws or public authority.

DISTRICT POLICE STATIONS. The Pohce
Department shall maintain and operate district
police stations. The Police Commission, subject
to the approval by the Board of Supervisors, may
establish additional district stations, abandon or
relocate any district station, or consolidate any
two or more district stations.

OFFICE OF CITIZEN COMPLAINTS. The

Mayor shall appoint a nominee of the Police
Commission as the director of the Office of Citi-
zen Complaints, subject to confirmation by the
Board of Supervisors. The director shall serve at
the pleasure of the Police Commission. If the
Board fails to act on the appointment within 30
days, the appointment shall be deemed ap-
proved. In the event the office is vacant, until the
mayor makes an appointment and that appoint-
ment is confirmed by the Board, the Police Com-
mission shall appoint an interim director who
shall serve at the pleasure of the Police Commis-
sion. The appointment shall be exempt from the

civil service requirements of this Charter. The
director shall never have been a uniformed mem-
ber or employee of the department. The director
of the Office of Citizen Complaints shall be the
appointing officer under- the civil service provi-
sions of this Charter for the appointment, re-
moval or discipline of employees of the Office of
Citizen Complaints.

The Police Commission shall have the power
and duty to organize, reorganize and manage the
Office of Citizen Complaints. Subject to the civil
service provisions of this Charter, the Office of
Citizen Complaints shall include investigators
and hearing officers. As of July 1, 1996, the staff
of the Office of Citizen Complaints shall consist
of no fewer than one line investigator for every
150 sworn members. Whenever the ratio of in-
vestigators to police officers specified by this
section is not met for more than 30 consecutive
days, the director shall have the power to hire,
and the City Controller must pay, temporary
investigators to meet such staffing require-
ments. No full-time or part-time employee of the
Office of Citizen Complaints shall have previ-
ously served as a uniformed member of the
department. Subject to rule of the Police Com-
mission, the director of the Office of Citizen
Complaints may appoint part-time hearing offi-
cers who shall be exempt from the civil service
requirements of this Charter. Compensation of
the hearing officers shall be at rates recom-
mended by the Commission and established by
the Board of Supervisors or by contract approved
by the Board of Supervisors.

Complaints of police misconduct or allega-
tions that a member of the Police Department
has not properly performed a duty shall be
promptly, fairly and impartially investigated by
staff of the Office of Citizen Complaints. The
Office of Citizen Complaints shall investigate all
complaints of police misconduct, or that a mem-
ber of the Police Department has not properly
performed a duty, except those complaints which
on their face clearly indicate that the acts com-
plained of were proper and those complaints
lodged by other members of the Police Depart-
ment. The Office of Citizen Complaints shall use
its best efforts to conclude investigations of such

Executive Branch — ^Boards, Commissions and Departments

Sec. 4.127.

complaints and, if sustained, transmit the sus-
tained complaint to the Police Department within
nine (9) months of receipt thereof by the Office of
Citizen Complaints. If the Office of Citizen Com-
plaints is unable to conclude its investigation
within such nine-month period, the director of
the Office of Citizen Complaints, within such
nine-month period, shall inform the Chief of
Police of the reasons therefor and transmit infor-
mation and evidence from the investigation as
shall facilitate the Chiefs timely consideration of
the matter. The Office of Citizen Complaints
shall recommend disciplinary action to the Chief
of Police on those complaints that are sustained.
The director of the Office of Citizen Complaints,
after meeting and conferring with the Chief of
Police or his or her designee, may verify and file
charges with the Police Commission against mem-
bers of the Police Department arising out of
sustained complaints; provided, that the director
may not verify and file such charges for a period
of 60 days following the transmittal of the sus-
tained complaint to the Police Department un-
less the director issues a written determination
that the limitations period within which the
member or members may be disciplined under
Government Code Section 3304, as amended
from time to time or any successor provisions
thereto, may expire within such 60-day period
and either (i) the Chief of Police fails or refuses to
file charges with the Police Commission arising
out of the sustained complaint, (ii) the Chief of
Police or his or her designee fails or refuses to
meet and confer with the director on the matter,
or (iii) other exigent circumstances necessitate
that the director verify and file charges to pre-
serve the ability of the Police Commission to
impose punishment pursuant to Section A8.343.
The director of the Office of Citizen Complaints
shall schedule hearings before hearing officers
when such is requested by the complainant or a
member of the department and, in accordance
with rules of the Commission, such a hearing
will facilitate the fact-finding process. The Board
of Supervisors may provide by ordinance that
the Office of Citizen Complaints shall in the
same manner investigate and make recommen-

dations to the Chief of Police regarding com-
plaints of misconduct by patrol special police
officers and their uniformed employees.

Nothing herein shall prohibit the Chief of
Police or a commanding officer from investigat-
ing the conduct of a member of the department
under his or her command, or taking disciplinary
or corrective action, otherwise permitted by this
Charter, when such is warranted; and nothing
herein shall limit or otherwise restrict the disci-
plinary powers vested in the Chief of Police and
the Police Commission by other provisions of this
Charter.

The Office of Citizen Complaints shall pre-
pare in accordance with rules of the Commission
monthly summaries of the complaints received
and shall prepare recommendations quarterly
concerning policies or practices of the depart-
ment which could be changed or amended to
avoid unnecessary tension with the public or a
definable segment of the public while insuring
effective police services. The Office of Citizen
Complaints shall prepare a report for the Presi-
dent of the Board of Supervisors each quarter.
This report shall include, but not be limited to,
the number and type of complaints filed, the
outcome of the complaints, and a review of the
disciplinary action taken. The President of the
Board of Supervisors shall refer this report to the
appropriate committee of the Board of Supervi-
sors charged with public safety responsibilities.
Said comniittee may issue recommendations as
needed.

In carrjdng out its objectives the Office of
Citizen Complaints shall receive prompt and full
cooperation and assistance from all depart-
ments, officers and employees of the City and
County which shall promptly produce all records
requested by the Office of Citizen Complaints
except for records the disclosure of which to the
Office of Citizen Complaints is prohibited by law.
The director may also request and the Chief of
Police shall require the testimony or attendance
of any member of the Police Department to carry
out the responsibilities of the Office of Citizen
Complaints.

Sec. 4.127.

San Francisco - Charter

BUDGET. Monetary awards and settlements
disbursed by the City and County as a result of
police action or inaction shall be taken exclu-
sively from a specific appropriation listed as a
separate line item in the Police Department
budget for that purpose.

POLICE STAFFING. The pohce force of the
City and County shall at all times consist of not
fewer than 1,971 full duty sworn officers. The
staffing level of the Police Department shall be
maintained with a minimum of 1,971 full duty
sworn officers thereafter. That figure may be
adjusted pursuant to Section 16.123.

All officers and employees of the City and
County are directed to take all acts necessary to
implement the provisions of this section. The
Board of Supervisors is empowered to adopt
ordinances necessary to effectuate the purpose of
this section including but not limited to ordi-
nances regulating the scheduling of police train-
ing cases.

Further, the Commission shall initiate an
annual review to civilianize as many positions as
possible to maximize police presence in the com-
munities and submit that report to the Board of
Supervisors annually for review and approval.

The number of full duty sworn officers in the
Police Department dedicated to neighborhood
policing and patrol for fiscal year 1993-1994
shall not be reduced in future years, and all new
full duty sworn officers authorized for the Police
Department shall also be dedicated to neighbor-
hood community policing, patrol and investiga-
tions.

PATROL SPECIAL POLICE OFFICERS. The
Commission may appoint patrol special police
officers and for cause may suspend or dismiss
patrol special police officers after a hearing on
charges duly filed with the Commission and
after a fair and impartial trial. Patrol special
police officers shall be regulated by the Police
Commission, which may establish requirements
for and procedures to govern the position, includ-
ing the power of the Chief of Police to suspend a
patrol special police officer pending a hearing on
charges. Each patrol special police officer shall
be at the time of appointment not less than 21

years of age and must possess such physical
qualifications as may be required by the Com-
mission.

Patrol special police officers may be desig-
nated by the Commission as the owners of a
certain beat or territory which may be estab-
lished or rescinded by the Commission. Patrol
special police officers designated as the owners of
a certain beat or territory or the legal heirs or
representatives of the owners may dispose of
their interest in the beat or territory to a person
of good moral character, approved by the Police
Commission and eligible for appointment as a
patrol special police officer.

Commission designation of beats or territo-
ries shall not affect the ability of private security
companies to provide on-site security services on
the inside or at the entrance of any property
located in the City and County. (Amended No-
vember 2003; March 2004)

SEC. 4.128. FIRE DEPARTMENT.

The Fire Department shall perform duties
and enforce all applicable laws pertaining to the
protection from, and the prevention, suppres-
sion, control and investigation of fires.

The Fire Chief shall cause the Fire Depart-
ment to inspect all occupied or vacated struc-
tures to determine compliance with applicable
laws relative to fire prevention, protection and
control and also the protection of persons and
property from fire.

The Fire Chief may during a conflagration
cause to be removed any structure for the pur-
pose of checking the progress of the conflagra-
tion.

SEC. 4.129. DEPARTMENT OF
ADMINISTRATIVE SERVICES.

The director of the Department of Adminis-
trative Services shall purchase all supplies, equip-
ment and contractual services required by the
several departments and offices of the City and
County, except as otherwise provided in the
Administrative Code. Except in cases of emer-
gency, the director shall not enter into any con-
tract or issue any purchase order unless the

Executive Branch — ^Boards, Commissions and Departments

Sec. 4.133.

Controller shall certify thereon that sufficient
unencumbered balances are available in the proper
fund to meet the payments under such purchase
order or contract as these become due. The
director shall have charge of the central ware-
houses, central storerooms, central garage and
shop.

The director shall by rules and regulations
approved by the Controller, designate and autho-
rize appropriate personnel within the Depart-
ment of Administrative Services to exercise the
director's signature powers for purchase orders
and contract.

The director shall have authority to exchange
used materials, supplies and equipment to the
advantage of the City and County, advertise for
bids, and to sell and otherwise dispose of per-
sonal property belonging to the City and County.
The director shall have authority to require the
transfer of surplus property in any department
to stores or to other departments.

The director shall manage all public build-
ings, facilities and real estate of the City and
County, unless otherwise provided for in this
Charter.

Additional duties and functions of the Depart-
ment of Administrative Services shall be as-
signed the City Administrator, by ordinance or
pursuant to Section 4.132.

SEC. 4.130. DEPARTMENT OF PUBLIC
WORKS.

The duties and functions of the Department
of Public Works shall be assigned by the City
Administrator, by ordinance or pursuant to Sec-
tion 4.132.

SEC. 4.131. COUNTY CLERK.

The County Clerk shall perform all duties of
the County Clerk-Recorder until such office is
merged into the Office of the Assessor-Recorder
pursuant to Section 6.101.

SEC. 4.132. EXECUTIVE BRANCH
REORGANIZATION.

The Mayor, by issuing a notice to the Board of
Supervisors, may reorganize duties and func-

tions between departments and other units of
government within the executive branch. Such
reorganization shall become effective 30 days
after its issuance unless disapproved by the
Board of Supervisors during that time.

A proposed reorganization shall provide for
the transfer of:

1. Civil service employees who are engaged
in the performance of a function or duty trans-
ferred to another office, agency or department;
such transfer shall not adversely affect status,
position, compensation or pension or retirement
rights and privileges;

2. Any unexpended balances of appropria-
tions and other funds available for use in con-
nection with any office, agency, department or
function affected by the reorganization; any un-
expended balance so transferred shall be used
only for the purpose for which the appropriation
was originally made, except as this Charter
otherwise permits.

SEC. 4.133. TAXI COMMISSION.

(a) The Taxi Commission shall consist of
seven members, appointed by the Mayor. The
appointments shall include a member from the
senior or disabled communities, a driver who
does not hold a taxicab medallion, a manager in
a taxicab company (either a medallion holder or
a company representative), a member from the
hospitality industry, a member from the labor
community, a member from the neighborhoods,
and a member of the general public not affiliated
with any of the other enumerated categories.

Pursuant to Government Code Section 87103,
individuals appointed to the Commission rnider
this Section are intended to represent and fur-
ther the interest of the particular industries,
trades, or professions specified herein. Accord-
ingly, it is found that for purposes of persons who
hold such office, the specified industries, trades,
or professions are tantamount to and constitute
the public generally within the meaning of Gov-
ernment Code Section 87103.

The commissioners appointed to take office
upon the effective date of this Charter section
shall by lot classify their terms so that the terms

Sec. 4.133.

San Francisco - Charter

of three of the commissioners shall expire at
noon on the first anniversary of such date, and
the terms of the remaining four commissioners
shall expire at noon on the second anniversary of
the effective date. On the expiration of these and
successive terms of office, the appointments shall
be made for two-year terms.

Members may be removed by the Mayor only
pursuant to Section 15.105. Vacancies occurring
in the offices of members, either during or at the
expiration of a term, shall be filled by the Mayor.

(b) Effective March 1, 1999, the Commis-
sion shall succeed to all powers and responsibili-
ties relating to taxicabs and other motor vehicles
for hire, other than criminal enforcement, now
vested in the Police Commission, the Police De-
partment or the Chief of Police. The Taxi Com-
mission may be assigned additional duties and
functions by ordinance or pursuant to Section
4.132.

(c) All costs associated with the operations
of the Taxi Commission, and such officers and
employees as are necessary for the Commission
to operate and administer the department and
are authorized pursuant to the budgetary and
fiscal provisions of the Charter, shall be recov-
ered from permit, license and other fees charged
to permit-holders, applicants, and other persons
by the Commission. The Board of Supervisors
shall set fees sufficient to offset the costs of the
Commission's operations and any such officers
and employees. Notwithstanding the above, the
Board of Supervisors may continue to offer re-
duced fees to operators who participate in the
City's Paratransit Program, and offset the reduc-
tion in revenues with a contribution from the
General Fund. (Added November 1998)

ing three members. The Mayor shall designate
two of his or her initial appointments to serve for
two-year terms; the Board of Supervisors shall
designate one of its initial appointments to serve
a two-year term. Thereafter, all commissioners
shall serve for four-year terms.

(b) At least five of the individuals appointed
to the Commission shall be owners, operators, or
officers of San Francisco small businesses. One
of the individuals appointed to the Commission
may be either a current or former owner, opera-
tor, or officer of a San Francisco small business.
One member of the Commission may be an
officer or representative of a neighborhood eco-
nomic development organization or an expert in
small business finance.

Piu'suant to Government Code Section 87103,
individuals appointed to the Commission under
this Section are intended to represent and fur-
ther the interest of the particular industries,
trades, or professions specified herein. Accord-
ingly, it is found that for purposes of persons who
hold such office, the specified industries, trades,
or professions are tantamount to and constitute
the public generally within the meaning of Gov-
ernment Code Section 87103.

(c) The Mayor and the Board of Supervisors
shall select Commission members who reflect
the diversity of neighborhood and small business
interests in the City. (Added November 2003)

SEC. 4.134. SMALL BUSINESS
COMMISSION.

(a) There shall be a Small Business Com-
mission to oversee the San Francisco Office of
Small Business. The Commission shall consist of
seven members, who shall serve at the pleasure
of the appointing authority. The Mayor shall
appoint four members of the Commission; the
Board of Supervisors shall appoint the remain-

[The next page is 73]

ARTICLE V: EXECUTIVE BRANCH— ARTS AND CULTURE

Sec. 5.100. General.

Sec. 5.101. Charitable Trust Departments.

Sec. 5.102. City Museums.

Sec. 5.103. Arts Commission.

Sec. 5.104. Asian Art Museum of San

Francisco.
Sec. 5.105. The Fine Arts Museums of San

Francisco.
Sec. 5.106. War Memorial and Performing

Arts Center.

SEC. 5.100. GENERAL.

The arts and culture departments of the City
and County shall be the Arts Commission, the
Asian Art Museum of San Francisco, the Fine
Arts Museums of San Francisco and the War
Memorial and Performing Arts Center. These
departments shall be a part of the executive
branch of City and County government.

The terms of office of all trustees and com-
missioners shall continue as they existed on the
effective date of this Charter. All vacancies shall
be filled within 90 days.

The governing boards of the arts and culture
departments may accept and shall comply with
the terms and conditions of loans, gifts, devises,
bequests or agreements donating works of art or
other assets to their department without action
of the Board of Supervisors so long as acceptance
of the same entails no expense for the City and ^
County beyond ordinary care and maintenance.

SEC. 5.101. CHARITABLE TRUST
DEPARTMENTS.

For the purposes of this Article, the Asian Art
Museum of San Francisco, The Fine Arts Muse-
ums of San Francisco and the War Memorial and
Performing Arts Center are referred to as the
"charitable trust departments."

Nothing in this Article shall be construed to
limit or change the powers and responsibilities of
the governing boards of the charitable trust

departments insofar as they involve administra-
tion of the charitable trusts, gifts and contracts
for which they are responsible.

The charitable trust departments shall have
exclusive charge of the trusts and all other assets
under their jurisdiction, which may be acquired
by loan, purchase, gift, devise, bequest or other-
wise, including any land or buildings set aside
for their use. They shall have authority to main-
tain, operate, manage, repair or reconstruct ex-
isting buildings and construct new buildings,
and to make and enter into contracts relating
thereto, subject, insofar as City funds are to be
used, to the budgetary and fiscal provisions of
this Charter.

SEC. 5.102. CITY MUSEUMS.

When the term "museums" is used in this
Article, imless otherwise specified, it refers to
both the Asian Art Museum of San Francisco and
The Fine Arts Museums of San Francisco.

Trustees and commissioners of the museimtis
are exempt from the requirement of Section
4.101(2) of this Charter, except that at least a
majority of The Fine Arts Museum Board of
Trustees shall be residents of the City and County.
Members shall serve for three-year terms, and
may be removed by the Mayor only pursuant to
Section 15.105. Members shall serve without
compensation.

The governing boards of the museums shall
adopt by-laws providing for the conduct of their
affairs, including the appointment of an execu-
tive committee which shall have authority to act
in such matters as are specified by the governing
board.

The governing boards of the museums shall
appoint and may remove a director and such
other executive and administrative positions as
may be necessary. Appointees to such positions
need not be residents of the City and County.
Notwithstanding any other provision of this Char-
ter, the governing boards may accept and utilize

Sec. 5.102.

San Francisco - Charter

contributions to supplement or pay for the sala-
ries and benefits of these appointees in order to
establish competitive compensation, provided that
only compensation established pursuant to the
salary provisions of this Charter shall be consid-
ered for Retirement System purposes.

The governing boards of the museums may
insure any loaned exhibit and agree to indemni-
fication and binding arbitration provisions nec-
essary to insuring exhibitions without action of
the Board of Supervisors so long as such agree-
ment entails no expense to the City and County
beyond ordinary insurance expense. The Recre-
ation and Park Department shall maintain and
care for the grounds of the Museums.

SEC. 5.103. ARTS COMMISSION.

The Arts Commission shall consist of fifteen
members appointed by the Mayor, pursuant to
Section 3.100, for four-year terms. Eleven mem-
bers shall be practicing arts professionals includ-
ing two architects, a landscape architect, and
representatives of the performing, visual, liter-
ary and media arts; and four members shall be
lay members. The President of the Planning
Commission, or a member of the Commission
designated by the President, shall serve ex offi-
cio. Members may be removed by the Mayor.

The Commission shall appoint and may re-
move a director of the department. The Commis-
sion shall encourage artistic awareness, partici-
pation and expression; education in the arts;
assist independent local groups with the devel-
opment of their own programs; promote the
employment of artists and those skilled in crafts,
in the public and private sectors; provide liaison
with state and federal agencies to ensure in-
creased funding for the arts from these agencies
as well as represent arts issues and policy in the
respective governmental bodies; promote the con-
tinued availability of living and working space
for artists within the City and County; and enlist
the aid of all City and County governmental
units in the task of ensuring the fullest expres-
sion of artistic potential by and among the resi-
dents of San Francisco.

In furtherance of the foregoing the Arts Com-
mission shall:

1. Approve the designs for all public struc-
tures, any private structure which extends over
or upon any public property and any yards,
courts, set-backs or usable open spaces which are
an integral part of any such structures;

2. Approve the design and location of all
works of art before they are acquired, trans-
ferred or sold by the City and County, or are
placed upon or removed from City and County
property, or are altered in any way; maintain
and keep an inventory of works of art owned by
the City and County; and maintain the works of
art owned by the City and County;

3. Promote a neighborhood arts program to
encourage and support an active interest in the
arts on a local and neighborhood level, assure
that the City and County-owned community cul-
tural centers remain open, accessible and vital
contributors to the cultural life of the City and
County, establish liaison between community
groups and develop support for neighborhood
artists and arts organizations; and

4. Supervise and control the expenditure of
all appropriations made by the Board of Super-
visors for the advancement of the visual, perform-
ing or literary arts.

Nothing in this section shall be construed to
limit or abridge the powers or exclusive jurisdic-
tion of the charitable trust departments or the
California Academy of Sciences or the Library
Commission over their activities; the land and
buildings set aside for their use; or over the other
assets entrusted to their care.

SEC. 5.104. ASIAN ART MUSEUM OF
SAN FRANCISCO.

The Asian Art Commission shall consist of
twenty-seven trustees appointed by the Mayor.
In filling vacancies, the Mayor shall solicit nomi-
nations from the Commission and shall give due
consideration to such nominees in filling such
vacancies to the end that the members of the
Commission shall be representative of the fields

Executive Branch — ^Arts and Culture

Sec. 5.106.

of Asian art and culture by reason of their
knowledge, experience, education, training, in-
terest or activity therein.
The Commission shall:

1. Develop and administer that museum
which is known as the "Asian Art Museum of San
Francisco," or by such other title as may be
chosen by not less than two-thirds of the mem-
bers of the Commission;

2. Control and manage the City and County's
Asian art with the Avery Brundage Collection as
its nucleus, consistent with the conditions appli-
cable to the Brundage Collection and other gifts;

3. Maintain a charitable foundation or other
legal entity for the purpose of developing the
Asian Art Museum;

4. Promote, establish and develop an acqui-
sition fund for Asian art objects; and

5. Collaborate with other groups and insti-
tutions to extend and deepen the activities nec-
essary to establish the Asian Art Museum as the
outstanding center of Asian art and culture in
the western world.

SEC. 5.105. THE FINE ARTS MUSEUMS
OF SAN FRANCISCO.

The California Palace of Legion of Honor and
the M.H. de Young Memorial Museum shall
compromise the Fine Arts Museums of San Fran-
cisco, or such other title as may be chosen by not
less than two-thirds of the trustees of the Fine
Arts Museums. The Fine Arts Museums Board of
Trustees shall consist of 62 members to be elected
by the members of the Board. On a vote of the
majority of members, the number of Trustees
may be increased or decreased from time to time
as needed, provided that the number of Trustees
shall not be more than 62, and provided further
that a vote to decrease the number shall not
affect the power or tenure of any incumbent. The
Board may act by majority of the members
present at meetings in which a quorum is in
attendance.

In selecting members to serve on the Board,
the Board of Trustees shall give due consider-
ation to nominees who are broadly representa-
tive of the diverse communities of the City and

County and knowledgeable in the fields of art
and culture, as demonstrated by their experi-
ence, training, interest or philanthropic activity.

A quorum of the Board shall consist of one-
third of the number of trustees in office at the
time. A majority or two-thirds vote of the Board
shall mean a majority or two-thirds vote of the
number of trustees present at the meeting at
which the vote is taken.

The Board is responsible for the protection
and conservation of the assets of the Fine Arts
Museums and for setting the public course the
Museums will follow. The Board shall assure
that the Museums are open, accessible and vital
contributors to the cultural life of the City and
County, and that the Museums' programs bring
art appreciation and education to all the people
of the City and County.

The Board may enter into agreements with a
not-for-profit or other legal entity to develop or
operate the museums and to raise and maintain
funds for the museums' support.

SEC. 5.106. WAR MEMORIAL AND
PERFORMING ARTS CENTER.

The governing board of the War Memorial
and Performing Arts Center shall consist of
eleven trustees appointed by the Mayor, pursu-
ant to Section 3.100, for four-year terms. In
making appointments the Mayor shall give due
consideration to veterans and others who have a
special interest in the purposes for which the
Center exists. Members may be removed by the
Mayor only pursuant to Section 15.105.

The governing board shall appoint and may
remove a director.

San Francisco - Charter 76

[The next page is 87]

ARTICLE VI: OTHER ELECTIVE OFFICERS

Designation of Other Elective

Officers.

Assessor-Recorder.

City Attorney.

District Attorney.

Public Defender.

Sheriff.

Treasurer.

[Repealed]

Sec. 6.100.

Sec. 6.101.
Sec. 6.102.
Sec. 6.103.
Sec. 6.104.
Sec. 6.105.
Sec. 6.106.
Sec. 6.107.

SEC. 6.100. DESIGNATION OF OTHER
ELECTIVE OFFICERS.

In addition to the officers required to be
elected under other Articles of this Charter, the
following shall constitute the elective officers of
the City and County: the Assessor-Recorder, City
Attorney, District Attorney, Public Defender, Sher-
iff and Treasurer. Each such officer shall be
elected for a four-year term and shall serve full
time.

The City Attorney shall be licensed to prac-
tice law in all courts of the State of California
and shall have been so licensed for at least ten
years next preceding his or her election. The
District Attorney and Public Defender shall each
be licensed to practice law in all courts of the
State of California and shall have been so li-
censed for at least five years next preceding his
or her election. Such officers shall not engage in
the private practice of law during the period they
serve as elective officers of the City and County.

Subject to the powers and duties set forth in
this Charter, the officers named in this section
shall have such additional powers and duties
prescribed by state laws for their respective
office. The terms of office in effect for these
officers on the date this Charter is adopted shall
continue.

SEC. 6.101. ASSESSOR-RECORDER.

The Assessor-Recorder shall:

1. Equitably and effectively administer the
property assessment system of the City and
County; and

2. Exercise the duties of Assessor and Re-
corder provided luider state law, effective July 1,
1997.

SEC. 6.102. CITY ATTORNEY.

The City Attorney shall:

1. Represent the City and County in legal
proceedings with respect to which it has an
interest; provided that any elected officer, depart-
ment head, board or commission may engage
counsel other than the City Attorney for legal
advice regarding a particular matter where the
elected officers department head, board or com-
mission has reason to believe that the City
Attorney may have a prohibited financial conflict
of interest tmder California law or a prohibited
ethical conflict of interest under the California
Rules of Professional Conduct with regard to the
matter, subject to the following limitations and
conditions.

The elected officer, department head, board
or commission shall first present a written re-
quest to the City Attorney for outside counsel.
The written request shall specify the particular
matter for which the elected officer, department
head, board or commission seeks the services of
outside counsel, a description of the requested
scope of services, and the potential conflict of
interest that is the basis for the request. Within
five working days after receiving the written
request for outside counsel, the City Attorney
shall respond in writing to the elected officer,
department head, board or commission either
consenting or not consenting to the provision of
outside counsel. If the City Attorney does not
consent to the provision of outside counsel, the
City Attorney shall state in the written response
why he or she believes that there is no conflict of
interest regarding the particular matter.

If the elected officer, department head, board
or commission continues to believe there are
adequate grounds for outside counsel despite the
City Attorney's response that there is no conflict

Sec. 6.102.

San Francisco - Charter

of interest, the elected officer, department head,
board or commission may, within thirty days
after receiving the City Attorney's response, re-
fer the issue of whether the City Attorney has a
prohibited conflict of interest regarding a par-
ticular matter to a retired judge or justice of the
state courts of California for resolution. If the
elected officer, department head, board or com-
mission and City Attorney cannot agree on a
retired judge to hear the matter, the retired
judge shall be selected at random by an alterna-
tive dispute resolution provider. If the matter is
referred to a retired judge, the elected officer,
department head, board or commission, subject
to the budgetary and fiscal provisions of the
Charter, shall be entitled to retain outside coun-
sel to represent it solely on the issue of whether
the City Attorney has a conflict of interest re-
garding the particular matter.

In deciding whether the City Attorney has a
conflict of interest regarding a particular matter,
the retired judge shall be bound by and apply the
applicable substantive law and Rules of Profes-
sional Conduct as if he or she were a court of law.
To the extent practicable, the retired judge shall
hear the matter within 15 days after its assign-
ment to the retired judge, and within 15 days
after the hearing, shall issue a written opinion
stating the basis for the decision. The retired
judge, but not the City Attorney or elected officer,
department head, board or commission, shall
have the power to subpoena witnesses and docu-
ments in this proceeding.

The retired judge may request that the City
Attorney secure written advice from the Califor-
nia Fair Political Practices Commission, the State
Bar of California, or the California Attorney
General on the question of whether the City
Attorney has a conflict of interest regarding the
particular matter. Upon such a request by the
retired judge, the City Attorney shall secure such
written advice. The retired judge may consider,
but is not bound by, written advice so seciu-ed.
The decision of the retired judge shall be final for
the limited purpose of determining whether or
not the elected officer, department head, board or
commission may retain outside counsel for the
particular matter.

If the retired judge decides that the City
Attorney does not have a conflict of interest
regarding the particular matter, the City Attor-
ney shall continue to be the legal adviser to the
elected officer, department head, board or com-
mission for such matter. If the retired judge
decides that the City Attorney has a conflict of
interest regarding a particular matter, the elected
officer, department head, board or commission
shall be entitled to retain outside counsel for
legal advice regarding the particular matter, and
the City Attorney shall thereupon cease to advise
the elected officer, department head board or
commission on such matter. Any such finding of
a conflict of interest shall not affect the City
Attorney's role as legal advisor to the elected
officer, department head, board or commission
on all other matters.

If at any time after the retention of outside
counsel, the City Attorney believes that there is
no longer a conflict of interest, the City Attorney
shall state in writing to the elected officer, de-
partment head, board or commission why he or
she believes that there is no longer a conflict of
interest. Within five working days after receiv-
ing the written statement from the City Attor-
ney, the elected officer, department head, board
or commission shall respond in writing, either
agreeing or disagreeing that there is no longer a
conflict of interest. If the elected officer, depart-
ment head, board or commission agrees that
there is no longer a conflict of interest regarding
a particular matter, the elected officer, depart-
ment head, board or commission shall cease
emplojdng outside counsel for legal advice regard-
ing the matter, and the City Attorney shall serve
as legal adviser to the elected officer, department
head, board or commission regarding that mat-
ter. If the elected officer, department head, board
or commission states in its written response that
it believes the conflict of interest still exists, the
City Attorney may, within ten working days after
receiving the response of the elected officer,
department head, board or commission, elect to
refer the issue of whether the conflict of interest
regarding the particular matter continues to
exist to the same retired judge who originally

Other Elective Officers

Sec. 6.103.

heard the matter, if available. The same proce-
dures as established herein shall apply thereaf-
ter.

In selecting outside counsel for any purpose
described in this Section, the elected officer,
department head, board or commission shall
give preference to engaging the services of a City
attorney's office, a County counsel's office or
other public entity law office with an expertise
regarding the subject-matter jurisdiction of the
elected officer, department head, board or com-
mission. If the elected officer, department head,
board or commission concludes that private coun-
sel is necessary, that attorney must be a member
in good standing with the Bar of California who
has at least five year's experience in the subject-
matter jurisdiction of the elected officer, depart-
ment head, board or commission Any private
counsel retained pursuant to this Section shall
be subject to the conflict of interest provisions of
Section 13.103.5. The cost of any of the services
of outside counsel and of the alternative dispute
resolution process authorized by this Section
shall be paid for by the elected officer, depart-
ment head, board or commission, subject to the
budgetary and fiscal provisions of this Charter.

2. Represent an officer or official of the City
and County when directed to do so by the Board
of Supervisors, unless the cause of action exists
in favor of the City and County against such
officer or official;

3. Whenever a cause of action exists in
favor of the City and County, commence legal
proceedings when such action is within the knowl-
edge of the City Attorney or when directed to do
so by the Board of Supervisors, except for the
collection of taxes and delinquent revenues, which
shall be performed by the attorney for the Tax
Collector;

4. Upon request, provide advice or written
opinion to any officer, department head or board,
commission or other unit of government of the
City and County;

5. Make recommendations for or against
the settlement or dismissal of legal proceedings
to the Board of Supervisors prior to any such

settlement or dismissal. Such proceedings shall
be settled or dismissed by ordinance and only
upon the recommendation of the City Attorney;

6. Approve as to form all surety bonds,
contracts and, prior to enactment, all ordi-
nances; and examine and approve title to all real
property to be acquired by the City and County;

7. Prepare, review annually and make avail-
able to the public a codification of ordinances of
the City and County then in effect;

8. Prepare and make available to the public
an annual edition of this Charter complete with
all of its amendments and legal annotations; and

9. Establish in the Office of the City Attor-
ney a Bureau of Claims Investigation and Ad-
ministration which shall have the power to in-
vestigate, evaluate and settle for the several
boards, commissions and departments all claims
for money or damages. The Bureau shall also
have the power to investigate incidents where
the City faces potential civil liability, and to
settle demands before they are presented as
claims, within dollar limits provided for by ordi-
nance, from a revolving fund to be established for
that purpose. The City Attorney shall appoint a
chief of the Bureau who shall serve at his or her
pleasure. The chief of the Bureau may appoint,
subject to confirmation by the City Attorney,
investigators who shall serve at the pleasure of
the chief.

10. During his or her tenure, not contribute
to, solicit contributions to, publicly endorse or
urge the endorsement of or otherwise participate
in a campaign for a candidate for City elective
office, other than himself or herself or of a City
ballot measure or be an officer, director or em-
ployee of or hold a policy-making position in an
organization that makes political endorsements
regarding candidates for elective office or City
ballot measures. (Amended November 2001;
amended November 2002)

SEC. 6.103. DISTRICT ATTORNEY.

The District Attorney shall:

1. Investigate all allegations of violations of
laws which the District Attorney has the power
to prosecute in court or before any other trier of
fact;

Sec. 6.103. San Francisco - Charter 90

2. Prosecute all criminal cases in the appro-
priate courts and issue warrants for the arrest of
persons charged with crimes to be prosecuted in
such coiuts; and

3. Proceed in such civil cases as authorized
by state law.

SEC. 6.104. PUBLIC DEFENDER.

The Public Defender shall, upon the request
of an accused who is financially unable to employ
counsel, or upon order of the Court, defend or
give counsel or advice to any person charged
with the commission of a crime or in danger of
criminal prosecution.

SEC. 6.105. SHERIFF.

The Sheriff shall:

1. Keep the County jail;

2. Receive all prisoners committed to jail by
competent authorities;

3. Execute the orders and legal processes
issued by courts of the State of California;

4. Upon court order detail necessary bai-
liffs; and

5. Execute the orders and legal processes
issued by the Board of Supervisors or by any
legally authorized department or commission.

The Sheriff shall appoint, and at his or her
pleasure may remove, an attorney, one under-
sheriff, one assistant sheriff and one confidential
secretary.

SEC. 6.106. TREASURER.

The Treasurer shall be responsible for the
collection of taxes, the receipt of all monies
collected by the City and County and their safe-
guard, deposit and investment in accordance
with sound financial practices, and shall be re-
sponsible for collection of delinquent revenue.
The Treasurer shall appoint a Chief Assistant
and a Tax Collector who shall serve at the
pleasure of the Treasurer.

SEC. 6.107.

(Repealed November 2001)

[The next page is 99]

ARTICLE VII: JUDICIAL BRANCH

Sec. 7.100. Superior and Municipal Courts.
Sec. 7.101. Adult Probation.
Sec. 7.102. Juvenile Probation.

SEC. 7.100. SUPERIOR AND MUNICIPAL
COURTS.

The powers and duties of the Superior and
Municipal Courts are as prescribed by state law.

Any fees required to be collected by the
Superior Court, Municipal Court or the Clerks of
such Courts shall be deposited into the treasury
of the City and County and distributed there-
from as provided for by state law.

Any member may serve concurrently as a
member of the Juvenile Justice Commission cre-
ated by state law and as a member of the
Juvenile Probation Commission herein created.

The Chief Juvenile Probation Officer, assis-
tants and deputies shall have the powers and
duties conferred upon such Chief Juvenile Pro-
bation Officers, assistants and deputies by state
law; and they shall perform all of the duties
prescribed by such laws, and such additional
duties as may be prescribed by ordinances of the
Board of Supervisors.

SEC. 7.101. ADULT PROBATION.

Adult probation is a County function which is
prescribed by state law. The Superior Court shall
appoint the Chief Adult Probation Officer. The
Chief Adult Probation Officer shall appoint such
assistants, deputies and employees as may be
allowed or provided by the Board of Supervisors.

The Chief Adult Probation Officer, and his or
her assistants and deputies, shall have the pow-
ers and duties conferred upon such adult proba-
tion officers, assistants and deputies by state
laws; and such additional duties as may be
prescribed by ordinances of the Board of Super-
visors.

SEC. 7.102. JUVENILE PROBATION.

The Juvenile Probation Commission shall
consist of seven members who shall be appointed
by the Mayor, pursuant to Section 3.100, for
staggered four-year terms. Two of the members
shall be appointed from lists of eligibles submit-
ted to the Mayor by the Superior Court. The
Juvenile Probation Department shall be a part of
the executive branch.

Members may be removed by the Mayor only
pursuant to Section 15.105.

San Francisco - Charter 100

[The next page is 105]

ARTICLE VIII: EDUCATION AND LIBRARIES

Sec. 8.100. Unified School District.
Sec. 8.101. Governing Board of the

Community College District.
Sec. 8.102. Public Libraries.
Sec. 8.103. Law Library.

SEC. 8.100. UNIFIED SCHOOL
DISTRICT.

The Unified School District shall be under
the control and management of a Board of Edu-
cation composed of seven members who shall be
elected by the voters of the Unified School Dis-
trict. A student representative shall serve on the
Board in accordance with state law. No member
of this Board shall be eligible to serve on the
Governing Board of the Community College Dis-
trict. The compensation for each member shall
be $500 per month. The terms of office in effect
for Board members on the date this Charter is
adopted shall continue. (Amended November 2001)

SEC. 8.101. GOVERNING BOARD OF
THE COMMUNITY COLLEGE DISTRICT.

The Community College District shall be
under the control and management of a Govern-
ing Board composed of seven members who shall
be elected by the voters of the Community Col-
lege District. A student representative shall serve
on the Governing Board in accordance with state
law. No member of this Board shall be eligible to
serve on the Board of Education. The compensa-
tion for each member shall be $500 per month.
The terms of office in effect for Board members
on the date this Charter is adopted shall con-
tinue. (Amended November 2001)

SEC. 8.102. PUBLIC LIBRARIES.

Libraries including the Library Commission
and the Library Department shall be a part of
the executive branch.

The Commission shall consist of seven mem-
bers appointed by the Mayor, pursuant to Sec-
tion 3.100, for four-year terms. Members may be
removed by the Mayor.

SEC. 8.103. LAW LIBRARY.

The San Francisco Law Library shall be
under the management and control of the Board
of Trustees, as established by act of the Legisla-
ture approved March 9, 1870. The Board shall
consist of seven appointive members of the San
Francisco bar, and the Mayor, the Presiding
Judge and the three judges of the Appellate
Department of the Superior Court, ex-officio. All
vacancies on the Board shall be filled by the
Board.

Pursuant to state law, the Board shall ap-
point and at its pleasure may remove a librarian,
who shall be its executive officer. The Board
shall have complete authority to manage its
affairs consistent with this Charter and state
law.

Compensation of Law Library personnel shall
be fixed by the executive officer of the Law
Library, with approval of the Board of Trustees.
Subject to the budgetary and fiscal provisions of
this Charter, the City and County shall continue
to fund the salaries for at least the positions of
Librarian, Assistant Librarian and Bookbinder.

The City and County shall provide suitable
and sufficient quarters for the Law Library, fix
up and furnish the same and provide for the
supply of necessary light, heat, stationery and
other conveniences. The Library shall be so lo-
cated as to be readily accessible to the judges and
officers of the courts.

The Clerks of the Superior and Municipal
Courts shall collect fees provided for law librar-
ies by general law and the fees so collected shall
be paid monthly to the Treasurer of the Law
Library, and shall constitute a law library fund
to be expended by the Trustees in the purchase of
books and periodicals, and in the establishment
and maintenance of the Law Library.

The judiciary. City, County and state offi-
cials, members of the Bar, and all inhabitants of

105

Sec. 8.103. San Francisco - Charter 106

the City and County shall have free access, use
and enjo5mient of the Law Library, subject to the
rules and regulations of the Trustees.

[The next page is 111]

ARTICLE VIIIA: THE MUNICIPAL TRANSPORTATION AGENCY

Sec. 8A.100. Preamble.

Sec. 8A.101. Municipal Transportation

Agency.
Sec. 8A.102. Governance and Duties.
Sec. 8A.103. Service Standards and

Accountability.
Sec. 8A.104. Personnel and Merit System.
Sec. 8A.105. Municipal Transportation Fund.
Sec. 8A.106. Budget.
Sec. 8A.107. Municipal Transportation

Quality Review.
Sec. 8A.108. Fare Changes and Route

Abandonments .
Sec. 8A.109. Additional Sources of Revenue.
Sec. 8A.110. Planning and Zoning.
Sec. 8A.111. Citizens' Advisory Council.
Sec. 8A.112. Parking and Traffic.
Sec. 8A.112. Parking and Traffic;

Incorporation Into Agency.
Sec. 8A.113. Parking and Traffic;

Governance.
Sec. 8A.114. Cable Cars.
Sec. 8A.115. Transit-First Policy

SEC. 8A.100. PREAMBLE.

(a) An effective, efficient, and safe transpor-
tation system is vital for San Francisco to achieve
its goals for quality of life, environmental sus-
tainability, public health, social justice, and eco-
nomic growth. The Municipal Transportation
Agency must manage San Francisco's transpor-
tation system — which includes automobile,
freight, transit, bicycle, and pedestrian networks
— to help the City meet those goals. Through
this measure, the voters seek to provide the
Municipal Transportation Agency with improved
resources and expanded independence and au-
thority in order to create a transportation sys-
tem that is among the best in the world.

(b) This article requires the Municipal Trans-
portation Agency to develop clear, meaningful
and quantifiable measures of its performance

and goals and to regularly publicize those stan-
dards. This article also recognizes that the work-
ers of the Municipal Transportation Agency are
vital to the success of the Agency and to achiev-
ing the improvements voters seek. Therefore, it
authorizes incentives for excellence and requires
accountability for both managers and employees.

1. Reliable, safe, timely, frequent, and con-
venient transit service to all neighborhoods;

2. A reduction in breakdowns, delays, over-
crowding, preventable accidents;

3. Clean and comfortable transit vehicles
and stations, operated by competent, courteous,
and well trained employees;

4. Support and accommodation of the spe-
cial transportation needs of the elderly and the
disabled;

5. Protection from crime and inappropriate
passenger behavior on the Municipal Railway;

6. Responsive, efficient, and accountable
management;

7. Roads that are not gridlocked with con-
gestion;

8. A safe and comprehensive network of
bicycle lanes;

9. A safe and inviting environment for pe-
destrians;

10. Efficient movement of goods and deliv-
eries;

11. A transportation sector that promotes
environmental sustainability and does not con-
tribute to global warming; and

12. A well-managed and well-coordinated
transportation system that contributes to a liv-
able urban environment.

Through this measure, the voters seek to
provide the transportation system with the re-
sources, independence and focus necessary to
achieve these goals.

Ill

Supp. No. 13, January 2008

Sec. 8A.100.

San Francisco - Charter

112

(d) The voters find that one of the impedi-
ments to achieving these goals in the past has
been that responsibihty for transportation has
been diffused throughout City government. Ac-
cordingly, this Article places within the Munici-
pal Transportation Agency the powers and duties
relating to transit now vested in other depart-
ments, boards, and commissions of the City and
County. This Article further requires that, to the
extent other City and County agencies provide
services to the Municipal Transportation Agency,
those departments must give the highest priority
to the delivery of such services.

(e) At the same time, this Article is in-
tended to ensure sufficient oversight of the Mu-
nicipal Transportation Agency by, among other
things, preserving the role of the City's Control-
ler as to financial matters, the City Attorney as
to legal matters, and the Civil Service Commis-
sion, as to merit system issues. In addition, this
Article requires that outside audits be performed
to ensure that required service levels are ob-
tained with a minimum of waste.

(f) Finally, this Article is intended to
strengthen the Municipal Transportation Agency's
authority to: 1) manage its employees; 2) estab-
lish efficient and economical work rules and
work practices that maximize the Agency's re-
sponsiveness to public needs; and 3) protect the
Agency's right to select, train, promote, demote,
discipline, layoff" and terminate employees, man-
agers, and supervisors based upon the highest
standards of customer service, efficiency and
competency.

(g) The effective management of traffic flow
and parking are vital to the operation of the
Municipal Railway. Congestion on city streets
causes delays in transit operations. Therefore,
the Municipal Transportation Agency must man-
age parking and traffic flow to ensure that tran-
sit vehicles move through City streets safely and
efficiently.

(h) In addition, the residents of San Fran-
cisco require that the Agency: 1) value and pro-
tect the safety of pedestrians and bicyclists; 2)
reduce congestion and air pollution through effi-

cient use of the streets; and 3) protect the City's
economic health by giving priority to commercial
deliveries and access to local businesses.

(i) The voters find that reducing the carbon
emissions from San Francisco's transit sector is
fundamental to the City's health and wellbeing
and shall be among the Agency's policy priori-
ties. Because the Agency has significant influ-
ence on San Francisco's transportation sector,
which is responsible for fully half of the carbon
emissions produced within the City, the voters
direct the Agency to develop and implement
strategies for substantially reducing those emis-
sions. The voters further affirm the goals of the
City's Climate Action Plan.

(j) This Article shall be interpreted and ap-
plied in conformance with the above goals. (Added
November 1999; Amended by Proposition A, Ap-
proved 11/6/2007)

SEC. 8A.101. MUNICIPAL
TRANSPORTATION AGENCY.

(a) There shall be a Municipal Transporta-
tion Agency. The Agency shall include a Board of
Directors and a Director of Transportation. The
Agency shall include the Municipal Railway and
the former Department of Parking and Traffic,
as well as any other departments, bureaus or
operating divisions hereafter created or placed
under the Agency. There shall also be a Citizens
Advisory Committee to assist the Agency.

(b) The Board of Supervisors shall have the
power, by ordinance, to abolish the Taxi Commis-
sion created in Section 4.133, and to transfer the
powers and duties of that commission to the
Agency under the direction of the Director of
Transportation or his or her designee . In order
to fully integrate taxi-related functions into the
Agency should such a transfer occur, the Agency
shall have the same exclusive authority over
taxi-related functions and taxi-related fares, fees,
charges, budgets, and personnel that it has over
the Municipal Railway and parking and traffic
fares, fees, charges, budgets, and personnel. Once
adopted. Agency regulations shall thereafter su-

Supp. No. 13, January 2008

113

The Municipal Transportation Agency

Sec. 8A.102.

percede all previously-adopted ordinances gov-
erning motor vehicles for hire that conflict with
or duplicate such regulations.

(c) Any transfer of functions occurring as a
result of the above provisions shall not adversely
affect the status, position, compensation, or pen-
sion or retirement rights and privileges of any
civil service employees who engaged in the per-
formance of a function or duty transferred to
another office, agency, or department pursuant
to this measure.

(d) Except as expressly provided in this
Article, the Agency shall comply with all of the
restrictions and requirements imposed by the
ordinances of general application of the City and
County, including ordinances prohibiting discrimi-
nation of any kind in employment and contract-
ing, such as Administrative Code Chapters 12B
et seq., as amended from time to time. The
Agency shall be solely responsible for the admin-
istration and enforcement of such requirements.

(e) The Agency may contract with existing
City and County departments to carry out any of
its powers and duties. Any such contract shall
establish performance standards for the depart-
ment providing the services to the Agency, in-
cluding measurable standards for the quality,
timeliness, and cost of the services provided. All
City and County departments must give the
highest priority to the delivery of such services to
the Agency.

(f) The Agency may not exercise any powers
and duties of the Controller or the City Attorney
and shall contract with the Controller and the
City Attorney for the exercise of such powers and
duties. (Added November 1999; Amended by
Proposition A, Approved 11/6/2007)

SEC. 8A.102.
DUTIES.

GOVERNANCE AND

(a) The Agency shall be governed by a board
of seven directors appointed by the Mayor and
conformed after public hearing by the Board of
Supervisors. All initial appointments must be
made by the Mayor and submitted to the Board
of Supervisors for confirmation no later than
February 1, 2000. The Board of Supervisors shall

act on those initial appointments no later than
March, 1, 2000 or those appointments shall be
deemed confirmed.

At least four of the directors must be regular
riders of the Municipal Railway, and must con-
tinue to be regular riders during their terms. The
directors must possess significant knowledge of,
or professional experience in, one or more of the
fields of government, finance, or labor relations.
At least two of the directors must possess signifi-
cant knowledge of, or professional experience in,
the field of public transportation. During their
terms, all directors shall be required to ride the
Municipal Railway on the average once a week.

Directors shall serve four-year terms, pro-
vided, however, that two of the initial appointees
shall serve for terms ending March 1, 2004, two
for terms ending March 1, 2003, two for terms
ending March 1, 2002, and one for a term ending
March 1, 2001. Initial terms shall be designated
by the Mayor. No person may serve more than
three terms as a director. A director may be
removed only for cause pursuant to Article XV.
The directors shall annually elect a chair. The
chair shall serve as chair at the pleasure of the
directors. Directors shall receive reasonable com-
pensation for attending meetings of the Agency
which shall not exceed the average of the two
highest compensations paid to the members of
any board or commission with authority over a
transit system in the nine Bay Area counties.

(b) The Agency shall:

1. Have exclusive authority over the acqui-
sition, construction, management, supervision,
maintenance, extension, operation, use, and con-
trol of all property, as well as the real, personal,
and financial assets of the Agency ; and have
exclusive authority over contracting, leasing, and
purchasing by the Agency, provided that any
Agency contract for outside services shall be
subject to Charter Sections 10.104(12) and
10.104(15) and that the Agency may not transfer
ownership of any of the real property of the City
and County without approval from the Board of
Directors and the Board of Supervisors ;

2. Have exclusive authority to enter into
such arrangements and agreements for the joint,
coordinated, or common use with any other pub-

Supp. No. 13, January 2008

Sec. 8A.102.

San Francisco - Charter

114

lie entity owning or having jurisdiction over
rights-of-way, tracks, structures, subways, tun-
nels, stations, terminals, depots, maintenance
facilities, and transit electrical power facilities;

3. Have exclusive authority to make such
arrangements as it deems proper to provide for
the exchange of transfer privileges, and through-
ticketing arrangements, and such arrangements
shall not constitute a fare change subject to the
requirements of Sections 8A.106 and 8A.108;

4. Notwithstanding any restrictions on con-
tracting authority set forth in the Administra-
tive Code, have exclusive authority to enter into
agreements for the distribution of transit fare
media and media for the use of parking meters or
other individual parking services;

5. Have exclusive authority to arrange with
other transit agencies for bulk fare purchases,
provided that if passenger fares increase as a
result of such purchases, the increase shall be
subject to review by the Board of Supervisors
pursuant to Sections 8A.106 and 8A.108;

6. Notwithstanding Section 2.109, and ex-
cept as provided in Sections 8A.106 and 8A.108,
have exclusive authority to fix the fares charged
by the Municipal Railway, rates for off-street and
on-street parking, and all other, rates, fees, fines,
penalties and charges for services provided or
functions performed by the Agency;

7. Notwithstanding any provision of the San
Francisco Municipal Code (except requirements
administered by the Department of Public Works
governing excavation, street design and official
grade) have exclusive authority to adopt regula-
tions that control the flow and direction of motor
vehicle, bicycle and pedestrian traffic, including
regulations that limit the use of certain streets
or traffic lanes to categories of vehicles and that
limit the speed of traffic; and to design, select,
locate, install, operate, maintain and remove all
official traffic control devices, signs, roadway
features and pavement markings that control
the flow of traffic with respect to streets and
highways within City jurisdiction, provided that:

(i) Notwithstanding the authority estab-
lished in subsection 7, the Board of Supervisors
may by ordinance establish procedures by which

the public may seek Board of Supervisors review
of any Agency decision with regard to the instal-
lation or removal of a stop sign or the creation or
elimination of a bicycle lane. In any such review,
the Agency's decision shall stand unless the
Board of Supervisors reverses the decision of the
Agency not later than 60 days after submission
of a request to the Board of Supervisors.

(ii) Nothing in this subsection 7 shall modify
the authority of ISCOTT, or any successor body,
over the temporary use or occupancy of public
streets, or the authority of the Board of Supervi-
sors to hear appeals regarding the temporary
use or occupancy of public streets.

(iii) Nothing in subsection 7 shall modify
the power of the Board of Supervisors to estab-
lish civil offenses, infractions and misdemean-
ors.

(iv) Notwithstanding the authority estab-
lished in subsection 7, to the extent state law
contemplates that Agency action authorized by
subsection 7 be effectuated by ordinance, such
action shall be effectuated by resolution of the
Board of Directors and shall be subject to refer-
endum in accordance with Article 14, and, if a
referendum petition contains the requisite num-
ber of signatures, the Board of Supervisors shall
have the power to reconsider or repeal the action
as provided in Article 14.

8. Have exclusive authority to adopt regu-
lations limiting parking, stopping, standing or
loading as provided by state law and to establish
parking privileges and locations subject to such
privileges for categories of people or vehicles as
provided by state law; to establish parking meter
zones, to set parking rates, and to select, install,
locate and maintain systems and equipment for
payment of parking fees, provided that:

(i) Notwithstanding the authority estab-
lished in subsection 8, the Board of Supervisors
may by ordinance establish procedures by which
the public may seek Board of Supervisors review
of any Agency decision with regard to the cre-
ation or elimination of any preferential parking
zone, the creation or elimination of any parking
meter zone, the adoption of any limitation on the
time period for which a vehicle may be parked, or

Supp. No. 13, January 2008

115

The Municipal Transportation Agency

Sec. 8A.102.

reservation of any parking space for persons
with a disability that quaUfies for parking privi-
leges under state law. In any review of a decision
of the Agency pursuant to this section, the Agency's
decision shall stand unless the Board of Super-
visors reverses the decision of the Agency not
later than 60 days after submission of a request
to the Board of Supervisors.

(ii) Nothing in subsection 8 shall modify the
power of the Board of Supervisors to establish
civil offenses, infractions and misdemeanors.

(iii) Notwithstanding the authority estab-
lished in subsection 8, to the extent state law
contemplates that any Agency action authorized
by subsection 8 be effectuated by ordinance, such
action shall be effectuated by resolution of the
Board of Directors and, if a referendum petition
contains the requisite number of signatures,
shall be subject to referendum in accordance
with Article 14, and the Board of Supervisors
shall have the power to reconsider or repeal the
action as provided in Article 14.

9. Have exclusive authority to establish poli-
cies regarding and procure goods and services for
the enforcement of regulations limiting parking,
stopping, standing or loading and the collection
of parking-related revenues and, along with the
Police Department, have authority to enforce
parking, stopping, standing or loading regula-
tions;

10. Be responsible for chairing the Interde-
partmental Staff Committee on Traffic and Trans-
portation (ISCOTT) or any successor body;

11. Be responsible for cooperating with and
assisting the Police Department in the promo-
tion of traffic safety; stud5dng and responding to
complaints related to street design, traffic con-
trol devices, roadway features and pavement
markings; collecting compiling and analyzing
traffic data and traffic accident data and plan-
ning improvements to improve the safety of the
City's roadways; and conducting traffic research
and planning;

12. Have exclusive authority to apply for,
accept, and expend state, federal, or other public
or private grant funds for Agency purposes;

13. To the maximum extent permitted by
law, with the concurrence of the Board of Super-
visors, and notwithstanding the requirements
and limitations of Sections 9.107, 9.108, and
9.109, have authority without further voter ap-
proval to incur debt for Agency purposes and to
issue or cause to be issued bonds, notes, certifi-
cates of indebtedness, commercial paper, financ-
ing leases, certificates of participation or any
other debt instruments. Upon recommendation
from the Board of Directors, the Board of Super-
visors may authorize the Agency to incur on
behalf of the City such debt or other obligations
provided: 1) the Controller first certifies that
sufficient unencumbered balances are expected
to be available in the proper fund to meet all
payments under such obligations as they become
due; and 2) any debt obligation, if secured, is
secured by revenues or assets under the jurisdic-
tion of the Agency.

14. Have the authority to conduct investi-
gations into any matter within its jurisdiction
through the power of inquiry, including the power
to hold public hearings and take testimony, and
to take such action as may be necessary to act
upon its findings; and

15. Exercise such other powers and duties
as shall be prescribed by ordinance of the Board
of Supervisors.

1. Appoint a Director of Transportation, who
shall serve at the pleasure of the Board. The
Director of Transportation shall be employed
pursuant to an individual contract. His or her
compensation shall be comparable to the com-
pensation of the chief executive officers of the
public transportation systems in the United States
which the Board of Directors, after an indepen-
dent survey, determine most closely resemble the
Agency in size, mission, and complexity. In addi-
tion, the Board of Directors shall provide an
incentive compensation plan consistent with the
requirements of Section 8A.104(k) under which a
portion of the Director's compensation is based
on achievement of service standards adopted by
the Board of Directors.

Supp. No. 13, January 2008

Sec. 8A.102.

San Francisco - Charter

116

2. Appoint an executive secretary who shall
be responsible for administering the affairs of
the Board of Directors and who shall serve at the
pleasure of the Board.

3. In addition to any training that may be
required by City, State or federal law, attend a
minimum of four hours of training in each cal-
endar year, provided by the City Attorney and
the Controller regarding the legal and financial
responsibilities of the Board and the Agency.

(d) The Director of Transportation shall ap-
point all subordinate personnel of the Agency,
including deputy directors. The deputy directors
shall serve at the pleasure of the Director of
Transportation.

(e) Upon recommendation of the City Attor-
ney and the approval of the Board of Directors,
the City Attorney may compromise, settle, or
dismiss any litigation, legal proceedings, claims,
demands or grievances which may be pending for
or on behalf of, or against the Agency relative to
any matter or property solely under the Agency's
jurisdiction. Unlitigated claims or demands
against the Agency shall be handled as set forth
in Charter Section 6.102. Any payment pursuant
to the compromise, settlement, or dismissal of
such litigation, legal proceedings, claims, de-
mands, or grievances, unless otherwise specified
by the Board of Supervisors, shall be made from
the Municipal Transportation Fund.

(f) The Agency's Board of Directors, and its
individual members, shall deal with administra-
tive matters solely through the Director of Trans-
portation or his or her designees. Any dictation,
suggestion, or interference by a director in the
administrative affairs of the Agency, other than
through the Director of Transportation or his or
her designees, shall constitute official miscon-
duct; provided, however, that nothing herein
contained shall restrict the Board of Directors'
powers of hearing and inquiry as provided in this
Section.

(g) Notwithstanding any provision of Chap-
ter 6 or 21 of the Administrative Code establish-
ing any threshold amount for exercise of execu-
tive authority to execute contracts, or any
successor provision of the San Francisco Munici-

pal Code, the Agency's Board of Directors may
adopt threshold amounts under which the Direc-
tor of Transportation and his or her designees
may approve contracts.

(h) Except provided in this Article, the Agency
shall be subject to the provisions of this Charter
applicable to boards, commissions, and depart-
ments of the City and County, including Sections
2.114, 3.105, 4.101, 4.103, 4.104, 4.113, 6.102,
9.118, 16.100, and A8.346. Sections 4.102, 4.126,
and 4.132 shall not be applicable to the Agency.
(Added November 1999; Amended by Proposition
A, Approved 11/6/2007)

SEC. 8A.103. SERVICE STANDARDS
AND ACCOUNTABILITY.

(a) The Municipal Railway shall provide a
level of service measured in service hours which
is not less than that provided under the schedule
of service published in the April 1996 timetable,
although not necessarily in that configuration.

(b) By July 1 of each year, the Agency shall
adopt mile-stones toward achievement of the
goals specified in subsections (c) and (d). Mile-
stones shall be adopted for each mode of trans-
portation of the Municipal Railway, and for the
Municipal Railway as a whole, with the goal of
full achievement of the standards set in subsec-
tion (c).

(c) The standards for the Agency with re-
spect to the services provided by the Municipal
Railway shall include the following minimum
standards for on-time performance and service
delivery:

1. On-time performance: at least 85 percent
of vehicles must run on-time, where a vehicle is
considered on-time if it is no more than one
minute early or four minutes late as measured
against a published schedule that includes time
points; and

2. Service delivery: 98.5 percent of sched-
uled service hours must be delivered, and at
least 98.5 percent of scheduled vehicles must
begin service at the scheduled time.

Supp. No. 13, January 2008

117

The Municipal Transportation Agency

Sec. 8A.104.

(d) The Board of Directors shall adopt Agency
rules setting additional measurable standards
for system reliability, system performance, staff-
ing performance, and customer service, includ-
ing:

1. Passenger, public, and employee safety
and security;

2. Coverage of neighborhoods and equitable
distribution of service;

3. Level of crowding;

4. Frequency and mitigation of accidents
and breakdowns;

5. Improvements in travel time, taking into
account adequate recovery and lay-over times for
operators;

6. Vehicle cleanliness, including absence of
graffiti;

7. Quality and responsiveness of customer
service;

8. Employee satisfaction;

9. Effectiveness of the preventive mainte-
nance program; and

10. Frequency and accuracy of communica-
tions to the public.

11. The Agency's duties related to parking
and traffic functions and any other functions
that may be added to the Agency's responsibili-
ties.

(e) The Board of Directors shall adopt Agency
rules setting forth the methods by which perfor-
mance shall be measured with respect to each
standard established pursuant to subsections (c)
or (d) above in accordance with industry best
practices to enhance the Agency's ability to com-
pare its performance to that of other comparable
transit systems. The Agency shall regularly pub-
lish reports documenting the Agency's perfor-
mance for each standard. Each performance re-
port shall note any changes in the rules governing
the methods by which performance is measured
so as to inform interpretation of performance
trends over time. Nothing herein shall prohibit
the Agency from using additional performance
measures.

(f) The Agency shall issue a Climate Action
Plan to the Board of Supervisors and the Com-
mission on the Environment by January 1, 2009,
and every two years thereafter. The plan shall
describe measures taken and progress made
toward the goal of reducing greenhouse gas emis-
sions from San Francisco's transportation sector
to 80% of 1990 levels by 2012 and shall further
address progress toward the following goals:

1. Zero greenhouse gas emissions for Mu-
nicipal Railway transit vehicles;

2. Lowering energy consumption in Agency
facilities and by non-transit vehicles;

3. Maximizing waste reduction in Agency
operations;

4. Increasing transit trips and reducing pri-
vate vehicle trips within the City;

5. Increasing the use of bicycling and walk-
ing as alternate forms of transportation; and

6. Improving regional transit connections
to reduce private vehicle use by commuters.

No later than January 1, 2010, and no less
than every ten years thereafter, the Board of
Supervisors shall adopt legislation setting goals
for reducing greenhouse gas emissions from San
Francisco's transportation sector, and other cli-
mate action measures set forth above, for periods
after 2012. (Added November 1999; Amended by
Proposition A, Approved 11/6/2007)

SEC. 8A.104. PERSONNEL AND MERIT
SYSTEM.

(a) The Agency shall establish its own per-
sonnel/labor relations office. The Director of Trans-
portation shall appoint a personnel/labor rela-
tions manager, who shall serve at the pleasure of
the Director of Transportation and shall estab-
lish regular meetings with labor to discuss issues
within the scope of representation on terms to be
determined through collective bargaining.

(b) Except as otherwise provided in this
Section, the Agency shall be governed by the
rules of the civil service system administered by
the City and appeals provided in civil service
rules shall be heard by the City's Civil Service
Commission. Unless otherwise agreed by the
Agency and affected employee organizations, ap-

Supp. No. 13, January 2008

Sec. 8A.104.

San Francisco - Charter

118

peals to the Civil Service Commission shall in-
clude only those matters within the jurisdiction
of the Civil Service Commission which establish,
implement, and regulate the civil service merit
system as listed in Section A8.409-3.

(c) Effective July 1, 2000, except for the
administration of health services, the Agency
shall assume all powers and duties vested in the
Department of Human Resources and the Direc-
tor of Human Resources under Articles X and XI
of this Charter in connection with job classifica-
tions within the Agency performing "service-
critical" functions. Except for the matters set
forth in subsection (f), the Department of Human
Resources and the Director of Human Resources
shall maintain all powers and duties under Ar-
ticles X and XI as to all other Agency employees.

(d) On or before April 15, 2000, the Agency
shall designate "service-critical" classifications
and functions for all existing classifications used
by the Municipal Railway; provided, however,
that employees in classifications designated as
"service-critical" shall continue to be covered by
any Cit5^wide collective bargaining agreement
covering their classifications until the expiration
of that agreement.

(e) For purposes of this Article, "service-
critical" functions are:

1. Operating a transit vehicle, whether or
not in revenue service;

2. Controlling dispatch of, or movement of,
or access to, a transit vehicle;

3. Maintaining a transit vehicle or equip-
ment used in transit service, including both
preventive maintenance and overhaul of equip-
ment and systems, including system-related in-
frastructure;

4. Regularly providing information services
to the public or handling complaints; and

5. Supervising or managing employees per-
forming functions enumerated above.

The Agency shall consult with affected em-
ployee organizations before designating particu-
lar job classifications as performing "service-
critical" functions. If an employee organization
disagrees with the Agency's designation of a
particular job classification as "service-critical"

pursuant to the above standards, the organiza-
tion may, within seven days of the Agency's
decision, request immediate arbitration. The ar-
bitrator shall be chosen pursuant to the proce-
dures for the selection of arbitrators contained in
the memorandum of understanding of the af-
fected employee organization. The arbitrator shall
determine only whether the Agency's designa-
tion is reasonable based on the above standards.
The arbitrator's decision shall be final and bind-
ing.

The Agency may designate functions other
than those listed above, and the job classifica-
tions performing those additional functions, as
"service-critical," subject to the consultation and
arbitration provisions of this Section. In deciding
a dispute over such a designation, the arbitrator
shall decide whether the job functions of the
designated classes relate directly to achievement
of the goals and milestones adopted pursuant to
Section 8A.103 and are comparable to the above
categories in the extent to which they are critical
to service.

(f) In addition, the Agency shall, with re-
spect to all Agency employees, succeed to the
powers and duties of the Director of Human
Resources under Article X to review and resolve
allegations of discrimination, as defined in Ar-
ticle XVII, against employees or job applicants,
or allegations of nepotism or other prohibited
forms of favoritism. To the extent resolution of a
discrimination complaint or request for accom-
modation involves matters or employees beyond
the Agency's jurisdiction, the Agency shall coor-
dinate with and be subject to applicable determi-
nations of the Director of Human Resources.

(g) The Agency shall be responsible for cre-
ating and, as appropriate, modifying Agency
bargaining units for classifications designated
by the Agency as "service-critical" and shall
establish policies and procedures pursuant to
Government Code sections 3507 and 3507.1 for
creation and modification of such bargaining
units. When the Agency creates or modifies a
bargaining unit, employees in existing classifica-
tions placed in such bargaining unit shall con-
tinue to be represented by their current em-
ployee organizations.

Supp. No. 13, January 2008

119

The Municipal Transportation Agency

Sec. 8A.104.

(h) The Agency may create new classifica-
tions of Agency employees . Such classifications
shall be subject to the civil service provisions of
the Charter unless exempted pursuant to Sec-
tion 10.104, or subsection (i).

(i) The Agency may create new classifica-
tions and positions in those classifications ex-
empt from the civil service system for manage-
rial employees in MTA bargaining units M and
EM in addition to those exempt positions pro-
vided in Section 10.104; provided, however, that
the total number of such exempt managerial
positions within the Agency shall not exceed 2.75
percent of the Agency's total workforce, exclusive
of the exempt positions provided in Section 10.104.
This provision shall not be utilized to eliminate
personnel holding existing permanent civil ser-
vice managerial positions on November 2, 1999.

Persons serving in exempt managerial posi-
tions shall serve at the pleasure of the Director of
Transportation. Such exempt management em-
ployees, to the extent they request placement in
a bargaining unit, shall not be placed in the
same bargaining units as non-exempt employees
of the Agency.

(j) The Civil Service Commission shall an-
nually review both exempt and non-exempt clas-
sifications of the Agency to ensure compliance
with the provisions of subsections (h) and (i).

(k) Upon the expiration of labor contracts
negotiated by the Department of Human Re-
sources and approved by the Board of Supervi-
sors, and except for retirement benefits, the
wages, hours, working conditions, and benefits of
the employees in classifications within the Mu-
nicipal Railway designated by the Agency as
"service-critical" shall be fixed by the Agency
after meeting and conferring as required by the
laws of the State of California and this Charter,
including Sections A8.346, A8.404 and A8.409.
These agreements shall utilize, and shall not
alter or interfere with, the health plans estab-
lished by the City's Health Service Board; pro-
vided, however, that the Agency may contribute
toward defraying the cost of employees' health
premiums. For any job classification that exists
both as a "service-critical" classification in the

Agency and elsewhere in City service, the base
wage rate negotiated by the Agency for that
classification shall not be less than the wage rate
set in the Citywide memorandum of understand-
ing for that classification.

(1) Notwithstanding subsection (k), the
Agency may, in its sole discretion, utilize the
City's collective bargaining agreements with any
employee organization representing less than 10
percent of the Agency's workforce.

(m) Notwithstanding any limitations on com-
pensation contained in Section A8.404, and in
addition to the base pay established in collective
bargaining agreements, all agreements negoti-
ated by the Agency relating to compensation for
Agency managers and employees in classifica-
tions designated by the Agency as "service-
critical" shall provide incentive bonuses based
upon the achievement of the service standards in
Section 8A. 103(c) and other standards and mile-
stones adopted pursuant to Section 8A.103. Such
agreements may provide for additional incen-
tives based on other standards established by
the Board of Directors, including incentives to
improve attendance. The Board of Directors shall
also establish a program under which a compo-
nent of the compensation paid to the Director of
Transportation and all exempt managers shall
be based upon the achievement of service stan-
dard adopted by the Board of Directors.

(n) For employees whose wages, hours and
terms and conditions of emplojrment are set by
the Agency pursuant to Sections A8. 404 or A8.409
et seq., the Agency shall exercise all powers of
the City and County, the Board of Supervisors,
the Mayor, and the Director of Human Resources
under those sections. For employees covered by
Section A8. 409 et seq., the mediation/arbitration
board set forth in Section A8.409-4 shall consider
the following additional factors when making a
determination in any impasse proceeding involv-
ing the Agency: the interests and welfare of
transit riders, residents, and other members of
the public; and the Agency's ability to meet the
costs of the decision of the arbitration board
without materially reducing service. Notwith-
standing the timelines described in Section

Supp. No. 13, January 2008

Sec. 8A.104.

San Francisco - Charter

120

A8.409-4, to be effective the beginning of the
next succeeding fiscal year, all collective bargain-
ing agreements must be submitted to the Board
of Directors no later than June 15 for final
adoption on or before June 30. For employees
whose wages, hours and terms and conditions of
employment are set by the Agency pursuant to
Sections A8.404, the Agency shall perform the
functions of the Civil Service Commission with
respect to certification of the average of the two
highest wage schedules for transit operators in
comparable jurisdictions pursuant to Section
A8.404(a), and conduct any actuarial study nec-
essary to implement Section A8. 404(f).

(o) The voters find that unscheduled em-
ployee absences adversely affect customer ser-
vice. Accordingly, not later than January 1, 2001,
the agency shall create a comprehensive plan for
the reduction of unscheduled absences. In addi-
tion, the Agency shall take all legally permitted
steps to eliminate unexcused absences. The Agency
shall have no authority to approve any memo-
randum of understanding or other binding agree-
ment which restricts the authority of the Agency
to administer appropriate discipline for unex-
cused absences.

(p) Before adopting any collective bargain-
ing agreement, the Agency shall, no later than
June 15, at a duly noticed public meeting, dis-
close in writing the contents of such collective
bargaining agreement, a detailed analysis of the
proposed agreement, a comparison of the differ-
ences between the agreement reached and the
prior agreement, and an analysis of all costs for
each year of the term of such agreement. Such
agreement between the Agency and employee
organization shall not be approved by the Agency
until 15 days after the above disclosures have
been made. (Added November 1999; Amended by
Proposition A, Approved 11/6/2007)

SEC. 8A.105. MUNICIPAL
TRANSPORTATION FUND.

(a) There is hereby established a fund to
provide a predictable, stable, and adequate level
of funding for the Agency, which shall be called
the Municipal Transportation Fund. The fund
shall be maintained separate and apart from all

other City and County funds. Monies therein
shall be appropriated, expended, or used by the
Agency solely and exclusively for the operation
including, without limitation, capital improve-
ments, management, supervision, maintenance,
extension, and day-to-day operation of the Agency,
including any division subsequently created or
incorporated into the Agency and performing
transportation-related functions. Monies in the
Fund may not be used for any other purposes
than those identified in this Section.

(b) Beginning with the fiscal year 2000-
2001 and in each fiscal year thereafter, there is
hereby set aside to the Municipal Transportation
Fund the following:

1. An amount (the "Base Amount") which
shall be no less than the amount of all appropria-
tions from the General Fund, including all supple-
mental appropriations, for the fiscal year 1998-
1999 or the fiscal year 1999-2000, whichever is
higher (the "Base Year"), adjusted as provided in
subsection (c), below, for (1) the Municipal Rail-
way; and (2) all other City and County commis-
sions, departments and agencies providing ser-
vices to the Municipal Railway, including the
Department of Human Resources and the Pur-
chasing Department, for the provision of those
services. The Base Amount for the Department
of Parking and Traffic and the Parking Authority
shall be established in the same fashion but
using fiscal years 2000-2001 and 2001-2002 for
the services being incorporated into the Agency.

2. Subject to the limitations and exclusions
in Sections 4.113, the revenues of the Municipal
Railway, and, upon their incorporation into the
Agency, the revenues of the Department of Park-
ing and Traffic, and the Parking Authority; and

3. All other funds received by the City and
County from any source, including state and
federal sources, for the support of the Agency .

(c) The Base Amount shall initially be de-
termined by the Controller. Adjustments to the
Base Amount shall be made as follows:

1. The Base Amount shall be adjusted for
each year after fiscal year 2000-2001 by the
Controller based on calculations consistent from
year to year, by the percentage increase or de-

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121

The Municipal Transportation Agency

Sec. 8A.106.

crease in aggregate City and County discretion-
ary revenues. In determining aggregate City and
County discretionary revenues, the Controller
shall only include revenues received by the City
which are unrestricted and may be used at the
option of the Mayor and the Board of Supervisors
for any lawful City purpose. Errors in the
Controller's estimate of discretionary revenues
for a fiscal year shall be corrected by adjustment
in the next year's estimate.

2. An adjustment shall also be made for any
increases in General Fund appropriations to the
Agency in subsequent years to provide continu-
ing services not provided in the Base Year, but
excluding additional appropriations for one-time
expenditures such as capital expenditures or
litigation judgments and settlements.

(d) The Treasurer shall set aside and main-
tain the amounts required to be set aside by this
Section, together with any interest earned thereon,
in the Municipal Transportation Fund, and any
amounts unspent or uncommitted at the end of
any fiscal year shall be carried forward, together
with interest thereon, to the next fiscal year for
the purposes specified in this Article.

(e) It is the policy of the City and County of
San Francisco to use parking-related revenues to
support public transit. To that end, the following
parking-related revenues deposited in the Trans-
portation Fund shall be used to support the
capital and operating expenses arising from the
Agency's transit functions:

1. Revenues from parking meters, except
those amounts collected from parking meters
operated by the Recreation and Park Depart-
ment and the Port Commission and except to the
extent that they are required by law to be dedi-
cated to other traffic regulation and control func-
tions;

2. Revenues from off-street parking facili-
ties under the jurisdiction of the Agency (exclud-
ing facilities owned by the Parking Authority),
including facilities leased to private owners and
non-profit corporations, except those amounts
generated from any parking on or below any land
or facilities under the jurisdiction of the Recre-

ation and Park Department and except those
amounts obligated by contract executed before
1993 to pay debt service;

3. Revenues from fines, forfeited bail, or
penalties for parking violations, except those
amounts to be credited to the courthouse con-
struction fund as provided in Administrative
Code Section 10.117-35.

(f) In addition, there is hereby set aside
from the general revenues of the City and County
and deposited in the Transportation Fund to
support the Agency's transit services an amount
equivalent to 80 percent of the revenues received
from the City's tax on occupation of parking
spaces. Additional amounts appropriated as a
result of this subsection after July 1, 2008 which
were not previously available to support transit
service shall be used exclusively to:

1. support implementation of the transit
service improvements recommended by the Tran-
sit Effectiveness Project or any subsequent system-
wide route and service evaluation, with first
priority given to the hiring of full time on-going
staff and expansion" of training for Agency em-
ployees, supervisors and managers; and

2. support the creation of a Labor-Manage-
ment Implementation and Service Improvement
Committee consisting of the Director of Trans-
portation and a designated representative of
each union representing Agency employees. This
committee shall meet quarterly to discuss imple-
mentation of this Section and ongoing system
challenges. (Added November 1999; Amended by
Proposition A, Approved 11/6/2007)

SEC. 8A.106. BUDGET.

The Agency shall be subject to the provisions
of Article IX of this Charter except:

(a) No later than May 1 of each even-
numbered year, after professional review, public
hearing and after receiving the recommenda-
tions of the Citizens' Advisory Council, the Agency
shall submit its proposed budget with annual
appropriation detail in a form approved by the
Controller for each of the next two fiscal years to
the Mayor and the Board of Supervisors for their
review and consideration. The Agency shall pro-

Supp. No. 13, January 2008

Sec. 8A.106.

San Francisco - Charter

122

pose a budget that is balanced without the need
for additional funds over the Base Amount, but
may include fare increases and decreases, and
reductions or abandonment of service. The Mayor
shall submit the budget to the Board of Supervi-
sors, without change. Should the Agency request
additional general fund support over the Base
Amount, it shall submit an augmentation re-
quest for those funds in the standard budget
process and subject to normal budgetary review
and amendment under the general provisions of
Article IX.

(b) At the time the budget is adopted, the
Agency shall certify that the budget is adequate
in all respects to make substantial progress
towards meeting the performance standards es-
tablished pursuant to Section 8A.103 for the
fiscal year covered by the budget.

(c) No later than August 1, the Board of
Supervisors may allow the Agency's budget to
take effect without any action on its part or it
may reject but not modify the Agency's budget by
a seven-elevenths' vote. Any fare change, route
abandonment, or revenue measure proposed in
the budget shall be considered accepted unless
rejected by a seven-elevenths' vote on the entire
budget. Should the Board reject the budget, it
shall make additional interim appropriations to
the Agency from the Municipal Transportation
Fund sufficient to permit the Agency to maintain
all operations through the extended interim pe-
riod until a budget is adopted. Any request for
appropriation of General Fund revenues in ex-
cess of the Base Amount shall be approved,
modified, or rejected under the general provi-
sions of Article IX.

(d) No later than May 1 of each odd-
numbered year, the Agency shall submit any
budget amendment that may be required to
increase appropriations over those approved in
the two year budget or as may be required by
law, provided that such budget amendment shall
establish a detailed plan with appropriation de-
tail only for those anticipated revenues and
expenditures exceeding those approved in the
two year budget or as otherwise required by law.
The Agency may submit to the Board of Super-

visors such additional budget amendments or
modifications during the term of the budget,
including but not limited to amendments reflect-
ing fare changes, route abandonments and rev-
enue measures, as may be required in the dis-
cretion of the Agency. The Board of Supervisors
may allow any budget amendment to take effect
without any action on its part or it may reject but
not modify the budget amendment by a seven-
elevenths' vote taken within 30 days after its
submission to the Board of Supervisors.

(e) Notwithstanding any other provisions of
this Charter or requirements of the Annual Sal-
ary Ordinance, the Controller may authorize the
Agency to move funds within its budget and hire
personnel without specific Controller approval so
long as the Agency's periodic and verifiable pro-
jections of spending by the Agency show the
Controller that the Agency's spending will be
within the approved budget. However, should
the projections show that the Agency spending is
likely to exceed its budget, the Controller may
impose appropriate controls in his or her discre-
tion to keep the Agency within budget. (Added
November 1999; Amended by Proposition A, Ap-
proved 1^6/2007)

SEC. 8A.107. MUNICIPAL
TRANSPORTATION QUALITY REVIEW.

(a) The Agency shall biennially contract with
a nationally recognized management or trans-
portation consulting firm with offices in the City
and County for an independent review of the
quality of its operations. The contract shall be
competitively bid and approved by the Controller
and Board of Supervisors. The review shall con-
tain:

1. A detailed analysis of the extent to which
the Agency has met the goals, objectives, and
performance standards it is required to adopt
under Section 8A.103, and the extent to which
the Agency is expected to meet those goals,
objectives, and performance standards in the two
fiscal years for which the review is submitted,
and independent verification of the Agency's
reported performance under the performance
measures adopted pursuant to Section 4 of this
measure; and

Supp. No. 13, January 2008

123

The Municipal Transportation Agency

Sec. 8A.109.

2. Such recommendations for improvement
in the operation of the Agency as the firm con-
ducting the review deems appropriate.

(b) The results of the review shall be pre-
sented promptly to the Citizens' Advisory Coun-
cil, the Agency, the Board of Supervisors, and the
Mayor by the reviewing firm; and the Citizens'
Advisory Council, the Agency, and the Board of
Supervisors shall each promptly hold at least
one public hearing thereon. (Added November
1999)

SEC. 8A-108. FARE CHANGES AND
ROUTE ABANDONMENTS.

(a) Except as otherwise provided in this
Section, any proposed change in fares or route
abandonments shall be submitted to the Board
of Supervisors as part of the Agency's budget or
as a budget amendment under Section 8A.106,
and may be rejected at that time by a seven-
elevenths vote of the Board on the budget or
budget amendment. Any changes in fares or
route abandonments proposed by the Agency
specifically to implement a program of service
changes identified in a system-wide strategic
route and service evaluation such as the Transit
Effectiveness Project may only be rejected by a
single seven-elevenths' vote of the Board of Su-
pervisors on the budget or budget amendment.

(b) The Agency shall base any proposed
change in Municipal Railway fares on the follow-
ing criteria:

1. The Municipal Railway's need for addi-
tional funds for operations and capital improve-
ments and optimal maintenance of assets.

2. The extent to which the increase is nec-
essary to meet the goals, objectives, and perfor-
mance standards previously established by the
Agency pursuant to Section 8A.103.

3. The extent to which the Agency has dili-
gently sought other sources of funding for the
operations and capital improvements of the Mu-
nicipal Railway.

4. The need to keep Municipal Railway fares
low to encourage maximum patronage.

5. The need to increase fares gradually over
time to keep pace with inflation and avoid large
fare increases after extended periods without a
fare increase.

(c) For purposes of this Article, a "route
abandonment" shall mean the permanent termi-
nation of service along a particular line or ser-
vice corridor where no reasonably comparable
substitute service is offered. If the Agency pro-
poses to abandon a route at any time other than
as part of the budget process as provided in
Section 8A.106, it shall first submit the proposal
to the Board of Supervisors. The Board of Super-
visors may, after a noticed public hearing, reject
the proposed route abandonment by a seven-
elevenths vote of its members taken within 30
days after the proposal is submitted by the
Agency. (Added November 1999; Amended by
Proposition A, Approved 11/6/2007)

SEC. 8A.109. ADDITIONAL SOURCES OF
REVENUE.

(a) To the extent allowed by law, the Board
of Supervisors may, by ordinance, dedicate to the
Agency revenues from sources such as gas taxes,
motor vehicle licensing taxes or other available
motor vehicle-related revenue sources.

(b) The Mayor, the Board of Supervisors,
and the Agency diligently shall seek to develop
new sources of funding for the Agency's opera-
tions, including sources of funding dedicated to
the support of such operations, which can be
used to supplement or replace that portion of the
Municipal Transportation Fund consisting of ap-
propriations from the General Fund of the City
and County. Unless prohibited by preemptive
state law, the Agency may submit any proposal
for increased or reallocated funding to support
all or a portion of the operations of the Agency,
including, without limitation, a tax or special
assessment directly to the electorate for ap-
proval, or to the owners of property or businesses
to be specially assessed, or to any other persons
or entities whose approval may be legally re-
quired, without the further approval of the Mayor
or the Board of Supervisors. The Agency shall be
authorized to conduct any necessary studies in

Supp. No. 13, January 2008

Sec. 8A.109.

San Francisco - Charter

124

connection with considering, developing, or pro-
posing such revenue sources. (Added November
1999; Amended by Proposition A, Approved 11/6/
2007)

SEC. 8A.110. PLANNING AND ZONING.

The planning and zoning provisions of this
Charter and the Planning Code, as they may be
amended from time to time, shall apply to all
real property owned or leased by the Agency but
shall not impede the Agency's exclusive author-
ity to set rates and other charges pursuant to
Section 8A. 102(b)(5). (Added November 1999;
Amended by Proposition A, Approved 11/6/2007)

SEC. 8A.111. CITIZENS' ADVISORY
COUNCIL.

The Agency shall establish a Citizens' Advi-
sory Council of fifteen members which shall
consist of one person appointed by each member
of the Board of Supervisors and four members
appointed by the Mayor. Each member must be a
resident of the City and County. No fewer than
ten members of the Council must be regular
riders of the Municipal Rail-way. At least two
members must use the Municipal Railway's
paratransit system, and at least three of the
members must be senior citizens over the age of
60. The membership of the Council shall be
reflective of the diversity and neighborhoods of
the City and County. The Council may provide
recommendations to the Agency with respect to
any matter within the jurisdiction of the Agency
and shall be allowed to present reports to the
Agency's board of directors. The members of the
Council shall be appointed to four-year terms
and shall serve at the pleasure of their appoint-
ing power. Staggered terms for the initial appoin-
tees to the Council shall be determined by lot.
(Added November 1999)

SEC. 8A.112. PARKING AND TRAFFIC

(a) The Municipal Transportation Agency
Board of Directors shall succeed to all powers
and duties of the former Parking and Traffic
Commission, including the power of members to
serve ex officio as members of the Parking Au-
thority Commission under Section 32657 of the

Streets and Highways Code. The chair of the
Agency's board of directors shall designate an-
nually the directors to serve as members of the
Parking Authority Commission. Any person may
serve concurrently as a member of the Agency's
board of directors and as a member of the Park-
ing Authority Commission. It is the policy of the
City and County that the Agency exercise all
powers vested by State law in the Parking Au-
thority.

(b) It shall be City policy that the offices of
Director of Transportation and Parking Author-
ity Executive Director are not incompatible of-
fices, and the Director of Transportation may
serve ex officio as Parking Authority Executive
Director, but shall not receive any additional
compensation for that service. (Added November
1999; Amended by Proposition A, Approved 11/6/
2007)

SEC. 8A.113. PARKING AND TRAFFIC;
GOVERNANCE.

(a) The Agency shall be responsible for man-
agement of parking and traffic functions within
the City, so as to:

1. Provide priority to transit services in the
utilization of streets, particularly during com-
mute hours while maintaining the safety of pas-
sengers, pedestrians, cyclists and motorists;

2. Facilitate the design and operation of
City streets to enhance alternative forms of
transit, such as pedestrian, bicycle, and pooled
or group transit (including taxis);

3. Propose and implement street and traffic
changes that gives the highest priority to public
safety and to impacts on public transit, pedestri-
ans, commercial delivery vehicles, and bicycles;

4. Integrate modem information and traffic-
calming techniques to promote safer streets and
promote usage of public transit;

5. Develop a safe, interconnected bicycle
circulation network; and

6. Ensure that parking policies and facili-
ties contribute to the long term financial health
of the Agency.

Supp. No. 13, January 2008

125

The Municipal Transportation Agency

Sec. 8A.115.

(b) It shall be City policy that the Agency
manage the Parking Authority so that it does not
acquire or construct new or expanded parking
facilities unless the Agency finds that the costs
resulting from such acquisition, construction, or
expansion and the operation of such facilities
will not reduce the level of funding to the Mu-
nicipal Railway from parking and garage rev-
enues under Section 16.110 to an amount less
than that provided for fiscal year 1999-2000, as
adjusted by the Controller for inflation; further
provided that it shall be City policy that before
approving the acquisition, construction or expan-
sion of a parking garage, the Agency's Board of
Directors shall make a finding that the operation
of the garage will advance or be consistent with
the City's Transit First Policy. (Added November
1999; Amended by Proposition A, Approved 11/6/
2007)

SEC. 8A.114. CABLE CARS.

In the conduct of the public transportation
system there shall be maintained and operated
cable car lines as follows:

1. A line commencing at Powell and Market
Streets; thence along Powell Street to Jackson
Street; thence along Jackson Street to Mason
Street; thence along Mason Street to Columbus
Avenue; thence along Columbus Avenue to Tay-
lor Street; thence along Taylor Street to a termi-
nal at Bay Street; returning from Bay and Taylor
Streets along Taylor Street to Columbus Avenue;
thence along Columbus Avenue to Mason Street;
thence along Mason Street to Washington Street;
thence along Washington Street to Powell Street;
and thence along Powell Street to Market Street,
the point of commencement.

2. A line commencing at Powell and Market
Streets; thence along Powell Street to Jackson
Street; thence along Jackson Street to Hyde
Street; thence along Hyde Street to a terminal at
Beach; returning from Beach and Hyde Streets
along Hyde Street to Washington Street; thence
along Washington Street to Powell Street; thence
along Powell Street to Market Street, the point
of commencement.

3. A line commencing at Market and Cali-
fornia; thence along California Street to a termi-
nal at Van Ness Avenue; returning from Van
Ness Avenue along California Street to Market
Street, the point of commencement.

To fully effectuate the intent of this section,
these lines shall be maintained and operated at
the normal levels of scheduling and service in
effect on July 1, 1971; provided, however, that
nothing herein contained shall prevent the in-
creasing of the levels of scheduling and service.
(Amended by Proposition A, Approved 11/6/2007)
Note:

Formerly § 16.100.

SEC. 8A.115. TRANSIT-FIRST POLICY.

(a) The following principles shall constitute
the City and County's transit-first policy and
shall be incorporated into the General Plan of
the City and County. All officers, boards, commis-
sions, and departments shall implement these
principles in conducting the City and County's
affairs:

1. To ensure quality of life and economic
health in San Francisco, the primary objective of
the transportation system must be the safe and
efficient movement of people and goods.

2. Public transit, including taxis and van-
pools, is an economically and environmentally
sound alternative to transportation by indi-
vidual automobiles. Within San Francisco, travel
by public transit, by bicycle and on foot must be
an attractive alternative to travel by private
automobile.

3. Decisions regarding the use of limited
public street and sidewalk space shall encourage
the use of public rights of way by pedestrians,
bicyclists, and public transit, and shall strive to
reduce traffic and improve public health and
safety.

4. Transit priority improvements, such as
designated transit lanes and streets and im-
proved signalization, shall be made to expedite
the movement of public transit vehicles (includ-
ing taxis and vanpools) and to improve pedes-
trian safety.

Supp. No. 13, January 2008

Sec. 8A.115. San Francisco ■ Charter 126

5. Pedestrian areas shall be enhanced wher-
ever possible to improve the safety and comfort
of pedestrians and to encourage travel by foot.

6. Bicycling shall be promoted by encourag-
ing safe streets for riding, convenient access to
transit, bicycle lanes, and secure bicycle parking.

7. Parking policies for areas well served by
public transit shall be designed to encourage
travel by public transit and alternative transpor-
tation.

8. New transportation investment should
be allocated to meet the demand for public tran-
sit generated by new public and private commer-
cial and residential developments.

9. The ability of the City and County to
reduce traffic congestion depends on the ad-
equacy of regional public transportation. The
City and County shall promote the use of re-
gional mass transit and the continued develop-
ment of an integrated, reliable, regional public
transportation system.

10. The City and County shall encourage
innovative solutions to meet public transporta-
tion needs wherever possible and where the
provision of such service will not adversely affect
the service provided by the Municipal Railway.

(b) The City may not require or permit
off-street parking spaces for any privately-owned
structure or use in excess of the number that
City law would have allowed for the structure or
use on July 1, 2007 unless the additional spaces
are approved by a four-fifths vote of the Board of
Supervisors. The Board of Supervisors may re-
duce the maximum parking required or permit-
ted by this section. (Amended by Proposition A,
Approved 11/6/2007)
Note:

Formerly § 16.102.

[The next page is 141] Supp. No. 13, January 2008

ARTICLE VIIIB: PUBLIC UTILITIES

Sec. 8B.120. Preamble.
Sec. 8B.121. Public Utilities Commission.
Sec. 8B.122. Goals and Objectives Related to
Water and Clean Water.

Sec. SB. 123. Planning and Reporting.
Sec. 8B.124. Water and Clean Water

Revenue Bonds.
Sec. 8B.125. Rates.

Sec. 8B.126. Personnel and Merit System.
Sec. 8B.127. Contracting and Purchasing.

SEC. 8B.120. PREAMBLE.

The Public Utilities Commission operates the
Water, Clean Water and Power Utilities of the
City and County of San Francisco. Hetch Hetchy
Water and Power System is an irreplaceable
asset of the people of the City and County of San
Francisco. The system is fundamental to the
economic vitality of San Francisco and the Bay
Area. The voters of the City and County of San
Francisco are committed to preserving and pro-
tecting the system as well as safeguarding the
extraordinary quality of the water from Yosemite
and local watersheds. The voters find that the
protection, maintenance and repair of the sys-
tem are among their highest priorities.

San Francisco faces an unprecedented chal-
lenge: to restore its aging water system to ensure
a reliable Bay Area water supply through the
next century. Repairs must be accomplished as
quickly as possible to avoid system outages,
which could be caused by natural disasters such
as earthquake. In planning for its future needs
and those of its wholesale customers, the City
must promote water conservation and respon-
sible stewardship of its natural resources. The
effectiveness of the City's Public Utilities Com-
mission, which has jurisdiction over the system,
is essential to achieving these goals.

In addition, San Francisco must upgrade and
repair its clean water system to meet changes in
state and federal water quality requirements.

and to ensure reliability of the system, parts of
which are outdated, aged or seismically vulner-
able. The voters find that the operation of the
clean water system should not unnecessarily
place a disproportionate environmental burden
on any community.

This measure is intended to enhance public
confidence in the City's stewardship of public
utilities by:

1. Clarifying that the Public Utilities Com-
mission has exclusive control of water, clean
water and power assets owned or maintained by
the City and County of San Francisco;

2. Establishing rates sufficient to meet op-
eration, maintenance and financial needs of the
system based on costs and sound budgeting and
auditing procedures to protect retail ratepayers
and reduce interest paid on bonds and other
indebtedness while ensuring public review;

3. Establishing the Public Utilities Commis-
sion as an independent revenue department not
subject to undue financial pressures to contrib-
ute to the City's general fiind;

4. Requiring the development of long term
Capital, Financial and Strategic Plans to ensure
that the utilities are operated efficiently in ac-
cordance with best public utility practice;

5. Authorizing the Public Utilities Commis-
sion to independently enter into certain con-
tracts;

6. Giving the Public Utilities Commission
the ability to finance needed capital improve-
ments through revenue bonds or other financing
methods consistent with the powers of other
major public utilities in California; and

7. Promoting labor stability to ensure that
the Capital Improvement Plan is completed ex-
peditiously and efficiently. (Added November 2002)

SEC. 8B.121. PUBLIC UTILITIES
COMMISSION.

(a) Notwithstanding Charter section 4.112,
the Public Utilities Commission shall have ex-
clusive charge of the construction, management.

141

Sec. 8B.121.

San Francisco - Charter

142

supervision, maintenance, extension, expansion,
operation, use and control of all water, clean
water and energy supplies and utilities of the
City as well as the real, personal and financial
assets, that are under the Commission's jurisdic-
tion or assigned to the Commission under Sec-
tion 4.132.

(b) The Public Utilities Commission may
enter into Joint Powers Agreements with other
public entities in furtherance of the responsibili-
ties of the Commission.

(c) Except to the extent otherwise provided
in this Article, the Public Utilities Commission
shall be subject to the provisions of Charter
sections 4.100 et seq. generally applicable to
boards and commissions of the City and County.

(d) The General Manager shall have the
authority to organize and reorganize the depart-
ment. The General Manager shall adopt rules
and regulations governing all matters within the
jurisdiction of the department subject to section
4.102 as applicable.

(e) Ownership or control of any public util-
ity or any part thereof under the jurisdiction of
the Public Utilities Commission may not be
transferred or conveyed absent approval by the
Public Utilities Commission and approval by a
vote of the electors of the City at the election next
ensuing not less than 90 days after the adoption
of such ordinance, which shall not go into effect
until ratified by a majority of the voters voting
thereon. Voter approval shall not be required for
sales or transfers of real property declared sur-
plus to the needs of any utility by the Public
Utilities Commission or to leases or permits for
the use of utility real property approved by the
Public Utilities Commission. (Added November
2002)

SEC. 8B.122. GOALS AND OBJECTIVES
RELATED TO WATER AND CLEAN
WATER.

(a) The Commission shall develop, periodi-
cally update and implement programs to achieve
goals and objectives consistent with the follow-
ing:

(1) Provide water and clean water services
to San Francisco and water service to its whole-
sale customers while maintaining stewardship of
the system by the City;

(2) Establish equitable rates sufficient to
meet and maintain operation, maintenance and
financial health of the system;

(3) Provide reliable water and clean water
services and optimize the systems' ability to
withstand disasters;

(4) Protect and manage lands and natural
resources used by the Commission to provide
utility services consistent with applicable laws
in an environ-mentally sustainable manner. Op-
erate hydroelectric generation facilities in a man-
ner that causes no reasonably anticipated ad-
verse impacts on water service and habitat;

(5) Develop and implement priority pro-
grams to increase and to monitor water conser-
vation and efficiency system-wide;

(6) Utilize state-of-the-art innovative tech-
nologies where feasible and beneficial;

(7) Develop and implement a comprehen-
sive set of environmental justice guidelines for
use in connection with its operations and projects
in the City;

(8) Create opportunities for meaningful com-
munity participation in development and imple-
mentation of the Commission's policies and pro-
grams; and

(9) Improve drinking water quality with a
goal of exceeding applicable drinking water stan-
dards if feasible. (Added November 2002)

SEC. 8B.123. PLANNING AND
REPORTING.

(A) Planning and Reporting

The Public Utilities Commission shall annu-
ally hold public hearings to review, update and
adopt:

(1) A Long-Term Capital Improvement Pro-
gram, covering projects during the next 10-year
period; including cost estimates and schedules.

(2) A Long-Range Financial Plan, for a 10-
year period, including estimates of operation and
maintenance expenses, repair and replacement
costs, debt costs and rate increase requirements.

(3) A Long-Term Strategic Plan, setting forth
strategic goals and objectives and establishing
performance standards as appropriate.

143

Public Utilities

Sec. 8B.125.

The Capital Improvement Program and Long-
Range Financial Plan shall serve as a basis and
supporting documentation for the Commission's
capital budget, the issuance of revenue bonds,
other forms of indebtedness and execution of
governmental loans under this Charter.

(B) Citizens' Advisory Committee

The Board of Supervisors, in consultation
with the General Manager of the Public Utilities
Commission, shall establish by ordinance a Citi-
zens' Advisory Committee to provide recommen-
dations to the General Manager of the Public
Utilities Commission, the Public Utilities Com-
mission and the Board of Supervisors. (Added
November 2002)

SEC. 8B.124. WATER AND CLEAN
WATER REVENUE BONDS.

Notwithstanding, and in addition to, the au-
thority granted under Charter Section 9.107, the
Public Utilities Commission is hereby autho-
rized to issue revenue bonds, including notes,
commercial paper or other forms of indebted-
ness, when authorized by ordinance approved by
a two-thirds vote of the Board of Supervisors, for
the purpose of reconstructing, replacing, expand-
ing, repairing or improving water facilities or
clean water facilities or combinations of water
and clean water facilities under the jurisdiction
of the Public Utilities Commission.

Any legislation authorizing the issuance of
revenue bonds (except for refunding bonds) un-
der this section shall be subject to the referen-
dum requirements of Section 14.102 of this Char-
ter. The ordinance authorizing the issuance of
such revenue bonds shall not become effective
until 30 days after its adoption.

Notwithstanding any other provision of this
Charter or of any ordinance of the City and
County, the Board of Supervisors may take any
and all actions necessary to authorize, issue and
repay such bonds, including, but not limited to.

modifying schedules of rates and charges to
provide for the pa3rment and retirement of such
bonds, subject to the following conditions:

(a) Certification by an independent engi-
neer retained by the Public Utilities Commission
that:

(1) the projects to be financed by the bonds,
including the prioritization, cost estimates and
scheduling, meet utility standards; and

(2) that estimated net revenue after pay-
ment of operating and maintenance expenses
will be sufficient to meet debt service coverage
and other indenture or resolution requirements,
including debt service on the bonds to be issued,
and estimated repair and replacement costs.

(b) Certification by the San Francisco Plan-
ning Department that facilities under the juris-
diction of the Public Utilities Commission funded
with such bonds will comply with applicable
requirements of the California Environmental
Quality Act.

Except as expressly provided in this Charter,
all revenue bonds may be issued and sold in
accordance with state law or any procedure pro-
vided for by ordinance of the Board of Supervi-
sors. (Added November 2002)

SEC. 8B.125. RATES.

Notwithstanding Charter sections 2.109, 3.100
and 4.102 or any ordinance (including, without
limitation, Administrative Code Appendix 39),
the Public Utilities Commission shall set rates,
fees and other charges in connection with pro-
viding the utility services under its jurisdiction,
subject to rejection — within 30 days of submis-
sion — by resolution of the Board of Supervisors.
If the Board of Supervisors fails to act within 30
days the rates shall become effective without
further action.

In setting retail rates, fees and charges the
Commission shall:

1. Establish rates, fees and charges at lev-
els sufficient to improve or maintain financial
condition and bond ratings at or above levels
equivalent to highly rated utilities of each enter-
prise under its jurisdiction, meet requirements
and covenants under all bond resolutions and

Sec. 8B.125.

San Francisco - Charter

144

indentures, (including, without limitation, in-
creases necessary to pay for the retail water
customers' share of the debt service on bonds and
operating expenses of any state financing author-
ity such as the Regional Water System Financing
Authority), and provide sufficient resources for
the continued financial health (including appro-
priate reserves), operation, maintenance and re-
pair of each enterprise, consistent with good
utility practice;

2. Retain an independent rate consultant to
conduct rate and cost of service studies for each
utility at least every five years;

3. Set retail rates, fees and charges based
on the cost of service;

4. Conduct all studies mandated by appli-
cable state and federal law to consider imple-
menting connection fees for water and clean
water facilities servicing new development;

5. Conduct studies of rate-based conserva-
tion incentives and/or lifeline rates and similar
rate structures to provide assistance to low in-
come users, and take the results of such studies
into account when establishing rates, fees and
charges, in accordance with applicable state and
federal laws;

6. Adopt annually a rolling 5-year forecast
of rates, fees and other charges; and

7. Establish a Rate Fairness Board consist-
ing of seven members: the City Administrator or
his or her designee; the Controller or his or her
designee; the Director of the Mayor's Office of
Public Finance or his or her designee; two resi-
dential City retail customers, consisting of one
appointed by the Mayor and one by the Board of
Supervisors; and two City retail business cus-
tomers, consisting of a large business customer
appointed by the Mayor and a small business
customer appointed by the Board of Supervisors.

The Rate Fairness Board may:

i. Review the five-year rate forecast;

ii. Hold one or more public hearings on
annual rate recommendations before the Public
Utilities Commission adopts rates;

iii. Provide a report and recommendations
to the Public Utilities Commission on the rate
proposal; and

iv. In connection with periodic rate studies,
submit to the Public Utilities Commission rate
policy recommendations for the Commission's
consideration, including recommendations to re-
allocate costs among various retail utility cus-
tomer classifications, subject to any outstanding
bond requirements.

These provisions shall be effective January 3,
2003 for the setting of retail rates, fees and
charges related to the clean water system. If the
voters approve bonds for the Public Utilities
Commission's Capital Improvement Program at
the November 5, 2002 election then the provi-
sions of this section shall take effect on July 2,
2006 for the setting of retail rates, fees and
charges related to the water system. If the voters
do not approve such bonds then this section will
take effect on January 3, 2003. (Added Novem-
ber 2002)

SEC. 8B.126. PERSONNEL AND MERIT
SYSTEM.

(a) The General Manager shall be selected
under the provisions of Charter sections 3.100
and 4.102. The General Manager may be em-
ployed under an individual contract. His or her
compensation shall be comparable to the com-
pensation of the chief executive officers of the
public water, wastewater and/or power systems
in the United States that the Commission, after
an independent survey, determines most closely
resemble the Public Utilities Commission in size,
mission, and complexity. In addition, the Public
Utilities Commission may provide an incentive
compensation bonus plan for the General Man-
ager based on performance goals established by
the Commission.

(b) The General Manager may negotiate an
individual contract with the employee appointed
to perform the duties of general infrastructure
management and oversight of the Capital Im-
provement Program subject to approval by the
Commission and notwithstanding Charter Sec-
tion A8.409 et seq.

145 Public Utilities Sec. 8B.127.

(c) For purposes of approving individual em-
ployment contracts the Public Utilities Commis-
sion may exercise all powers of the City and
County, the Board of Supervisors, the Mayor,
and the Director of Human Resources under
Article XI of this charter. Individual emplo3nnent
contracts shall utilize and shall not alter or
interfere with, the Retirement or Vacation pro-
visions of this Charter or the Health Plans
established by the City's Health Service Board;
provided however, that the Commission may
contribute toward defraying the cost of the
employee's health premiums and retirement pick-
up. (Added November 2002)

SEC. 8B.127. CONTRACTING AND
PURCHASING.

Notwithstanding Charter Section 9.118 or
any ordinance, the Public Utilities Commission
shall have the sole authority to enter into agree-
ments for the purchase of water; the sale of
water to wholesale customers; and agreements
necessary to implement Joint Powers Agree-
ments with any wholesale water customer.

In order to promote labor stability and to
ensure the Capital Improvement Program is
completed expeditiously and efficiently, the Pub-
lic Utilities Commission is authorized, to the
extent legally appropriate, to enter into project
labor agreements, with appropriate Building Con-
struction and Trades Councils, covering signifi-
cant capital projects.

San Francisco - Charter 146

[The next page is 151]

ARTICLE IX: FINANCIAL PROVISIONS

Sec.

9.100.

Budget Process Ordinances.

Sec.

9.101.

Proposed Annual and
Multi-Year Budgets.

Sec.

9.102.

Certification of Revenue
Estimates.

Sec.

9.103.

Adoption of Appropriation
Ordinances.

Sec.

9.104.

Veto of Appropriations.

Sec.

9.105.

Modifications.

Sec.

9.106.

General Obligation Bonds.

Sec.

9.107.

Revenue Bonds.

Sec.

9.108.

Lease Financing.

Sec.

9.109.

Refunding Bonds.

Sec.

9.110.

Bond Election by Initiative.

Sec.

9.111.

General Authority.

Sec.

9.111-1.

[Repealed]

Sec.

9.112.

Revenue Bonds of the Port
Commission.

Sec.

9.113.

General Fiscal Provisions.

Sec.

9.113.5.

Rainy Day Reserve.

Sec.

9.114.

Mission-Driven Budget.

Sec.

9.115.

Departmental Budget
Commitments.

Sec.

9.116.

Departmental Savings and
Revenue Gains.

Sec.

9.117.

Establishment of Audit
Committee of the Board of
Supervisors.

Sec.

9.118.

Contract and Lease Limitations

SEC. 9.100. BUDGET PROCESS
ORDINANCES.

The fiscal year for the City and County shall
commence on the first day of July of each year
and shall end on the last day of June of the next
succeeding year. On or before June 30 of each
year, the Board of Supervisors shall, except for
equipment and capital improvements, enact an
interim appropriation ordinance and not earlier
than the 15th day of July, nor later than the first

of August of each year, the Board of Supervisors
shall adopt the proposed budget as submitted or
amended and shall adopt the annual appropria-
tion ordinance accordingly, which shall super-
sede the interim appropriation ordinance.

The Mayor shall submit and the Board of
Supervisors shall act on ordinances with respect
to the following:

1 . A schedule and procedures for the orderly
preparation and submission of the annual pro-
posed budget and for the review and adoption of
the necessary interim and final appropriations
ordinances;

2. A description of the form of the annual
proposed budget and appropriation ordinance
consistent with the financial records required by
Section 3,105 of this Charter and containing
information relating the type and extent of ser-
vices to be delivered or revenues to be generated
to proposed expenditures in a manner which, to
the extent feasible, allows comparison of revenue
trends as well as expected performance and
expenditures between various fiscal years;

3. A procedure to include public participa-
tion in the budgetary process which shall include
public hearings conducted by the commissions.
Mayor and the Board of Supervisors; and

4. The form, content and dates of submis-
sion of the City's Capital Improvements and
Facilities Maintenance Budgets. The ordinance
relating to Capital Improvement and Facilities
Maintenance shall minimally:

(a) Require that such budgets be prepared
for more than a single year;

(b) Clearly establish distinctions between
major, long term construction, replacement and
acquisition projects (Capital Improvements) and
short term repair, minor replacement and main-
tenance projects (Facilities Maintenance);

(c) Be consistent as to the date of submis-
sion with the time requirements established for
the submission of the budget and appropriation
ordinance; and

151

Sec. 9.100.

San Francisco - Charter

152

(d) Provide information regarding the esti-
mated completion schedule for Capital Improve-
ments, the funding source for each and the
estimated annual operating costs thereof.

SEC. 9.101. PROPOSED ANNUAL AND
MULTI-YEAR BUDGETS.

The Mayor shall submit to the Board of
Supervisors each year an annual proposed bud-
get, ordinances and resolutions fixing wages and
benefits for all classifications and related appro-
priation ordinances.

The annual proposed budget shall include:

1. Estimated revenues and surpluses from
whatever sources, to the extent feasible, for the
forthcoming fiscal year and the allocation of such
revenues and surpluses to various departments,
fiuictions and programs to support expenditures.
Proposed expenditures may include such neces-
sary and prudent reserves as recommended by
the Controller; and

2. A summary of the annual proposed bud-
get with a narrative description of priorities,
services to be provided and economic assump-
tions used in preparing the revenue estimates.
The summary shall also contain a discussion of
trends and projections of revenues and expendi-
tures of the City and County for the subsequent
four years.

The annual proposed budget and appropria-
tion ordinances shall be balanced so that the
proposed expenditures of each fund do not ex-
ceed the estimated revenues and surpluses of
that fund. If the proposed budget contains new
revenue or fees, the Mayor shall submit to the
Board of Supervisors the relevant implementing
ordinances at the same time the annual budget
is submitted.

Until the appropriation ordinances are adopted
by the Board of Supervisors, the Mayor may
submit to the Board of Supervisors revisions to
the annual proposed budget, appropriation ordi-
nances, and ordinances and resolutions fixing
wages and benefits.

The Mayor may instruct the Controller to
prepare the draft appropriation ordinances.

The Mayor shall file a copy of the annual
proposed budget at the Main Library and shall
give notice of the budget summary, including
making copies available to the public. Upon final
approval of the budget by both the Board and the
Mayor, notice shall be given of the final budget
summary.

The Board of Supervisors by ordinance may
require multi-year budget plans and other bud-
get planning strategies to be performed by the
several departments and offices of the City and
County.

SEC. 9.102. CERTIFICATION OF
REVENUE ESTIMATES.

The Mayor shall submit to the Controller for
review the estimated revenues contained in the
annual proposed budget and any subsequent
revisions. The Controller shall then provide the
Board of Supervisors with an opinion regarding
the accuracy of economic assumptions underly-
ing the revenue estimates and the reasonable-
ness of such estimates and revisions.

SEC. 9.103. ADOPTION OF
APPROPRIATION ORDINANCES.

The Board of Supervisors may amend the
annual proposed budget and appropriation ordi-
nances as follows:

1. After review of the Controller's analysis
of the Mayor's revenue estimates, the Board of
Supervisors may reduce estimated revenues;

2. The Board of Supervisors may increase
or decrease any proposed expenditure in the
General Fund or any special, sequestered or
other fund so long as the aggregate changes do
not cause the expenditures from each fund to
exceed the amount proposed for expenditures by
the Mayor from any such fund; and

3. The Board of Supervisors may increase
or decrease any proposed expenditure for Capital
Improvements.

SEC. 9.104. VETO OF
APPROPRIATIONS.

The Mayor may reduce or reject any expen-
diture authorized by the Board of Supervisors,

153

Financial Provisions

Sec. 9.107.

except appropriations for bond interest, redemp-
tion or other fixed charges, within ten days after
the adoption of a final annual or supplemental
appropriations ordinance. Within ten days of
receipt of the Mayor's veto message, the Board of
Supervisors may reinstate, in whole or in part,
any expenditure reduced or rejected by the Mayor
by a vote of two-thirds of its members. In over-
riding any Mayoral veto, the Board of Supervi-
sors shall not cause the aggregate expenditures
for the General Fund or any special, sequestered
or other fund in the appropriation ordinances to
exceed the Mayor's revenue estimate as allo-
cated to such funds.

SEC. 9.105. MODIFICATIONS.

The Board of Supervisors may authorize the
Controller, upon the request of the Mayor, other
officials, boards or commissions of the City and
County to transfer previously appropriated
amounts within the same fund within the same
governmental unit without approval of the Board
of Supervisors.

Amendments to the appropriations ordi-
nance, as finally adopted, may be initiated by the
Mayor or a member of the Board of Supervisors
and adopted in the same manner as other ordi-
nances. No amendment to the appropriations
ordinance may be adopted unless the Controller
certifies availability of funds.

Any appropriation contained in an emer-
gency ordinance shall be deemed to be an amend-
ment to the final appropriations ordinance.

SEC. 9.106. GENERAL OBLIGATION
BONDS.

The Board of Supervisors is hereby autho-
rized to provide for the issuance of general obli-
gation bonds in accordance with the Constitution
of the State of California. General obligation
bonds may be issued and sold in accordance with
state law or any local procedure adopted by
ordinance. There shall be a limit on outstanding
general obligation bond indebtedness of three
percent of the assessed value of all taxable real
and personal property, located within the City
and County.

SEC. 9.107. REVENUE BONDS.

The Board of Supervisors is hereby autho-
rized to provide for the issuance of revenue
bonds. Revenue bonds shall be issued only with
the assent of a majority of the voters upon any
proposition for the issuance of revenue bonds,
except that no voter approval shall be required
with respect to revenue bonds:

1 . Approved by three-fourths of all the Board
of Supervisors if the bonds are to finance build-
ings, fixtures or equipment which are deemed
necessary by the Board of Supervisors to comply
with an order of a duly constituted state or
federal authority having jurisdiction over the
subject matter;

2. Approved by the Board of Supervisors
prior to January 1, 1977;

3. Approved by the Board of Supervisors if
the bonds are to establish a fund for the purpose
of financing or refinancing for acquisition, con-
struction or rehabilitation of housing in the City
and County;

4. Authorized and issued by the Port Com-
mission for any Port-related purpose and se-
cured solely by Port revenues, or authorized and
issued for any Airport-related purpose and se-
cured solely by Airport revenues;

5. Issued for the proposes of assisting pri-
vate parties and not-for-profit entities in the
financing and refinancing of the acquisition, con-
struction, reconstruction or equipping of any
improvement for industrial, manufacturing, re-
search and development, commercial and energy
uses or other facilities and activities incidental
thereto, provided the bonds are not secured or
payable from any monies of the City and County
or its commissions.

6. Issued for the purpose of the reconstruc-
tion or replacement of existing water facilities or
electric power facilities or combinations of water
and electric power facilities under the jurisdic-
tion of the Public Utilities Commission, when
authorized by resolution adopted by a three-
fourths affirmative vote of all members of the
Board of Supervisors.

Sec. 9.107.

San Francisco - Charter

154

7. Approved and authorized by the Board of
Supervisors and secured solely by an assessment
imposed by the City.

8. Issued to finance or refinance the acqui-
sition, construction, installation, equipping, im-
provement or rehabilitation of equipment or fa-
cilities for renewable energy and energy
conservation.

Except as expressly provided in this Charter,
all revenue bonds may be issued and sold in
accordance with state law or any procedure pro-
vided for by ordinance. (Amended November
2001)

SEC. 9.108. LEASE FINANCING.

The City and County may enter into lease
financing agreements only with the assent of the
majority of the voters voting upon any proposi-
tion for the authorization of the lease financing.
As used in this section, lease financing shall
mean any lease or sublease made between the
City and County and any public agency or au-
thority, a non-profit corporation or a retirement
system for the purpose of financing the acquisi-
tion, construction or improvement by the City
and County of real property or equipment.

The requirements of this section do not apply
to:

1. Any lease financing which was approved
in fact or in principle by a resolution or ordi-
nance adopted by the Board of Supervisors prior
to April 1, 1977; provided, that if the resolution
or ordinance approved the lease financing only in
principle, the resolution or ordinance must de-
scribe in general terms the public improvements
or equipment to be financed; or

2. The amendment or the refunding of a
lease financing which is expected to result in net
savings in rental payments to the City and
County on a present value basis, calculated as
provided by ordinance; or

3. Lease financing involving a nonprofit cor-
poration established for the purpose of this sub-
section for the acquisition of equipment, the
obligations or evidence of indebtedness with re-
spect to which shall not exceed in the aggregate
at any point in time a principle amount of $20

million, such amount to be increased by five
percent each fiscal year commencing with fiscal
year 1990-1991; provided, however, that prior to
each sale of such obligations or evidence of
indebtedness, the Controller certifies that in his
or her opinion the net interest cost to the City
will be lower than other financings involving a
lease or leases.

SEC. 9.109. REFUNDING BONDS.

The Board of Supervisors is hereby autho-
rized to provide for the issuance of bonds of the
City and County for the purpose of refunding any
general obligation or revenue bonds of the City
and County then outstanding. No voter approval
shall be required for the authorization, issuance
and sale of refunding bonds, which are expected
to result in net debt service savings to the City
and County on a present value basis, calculated
as provided by ordinance.

SEC. 9.110. BOND ELECTION BY
INITIATIVE.

Proceedings for the authorization and issu-
ance of bonds for the acquisition, construction or
completion of any public utility or utilities may
be initiated by electors in the following manner:
Whenever a petition, signed by qualified electors
of the City and County equal in number to at
least fifteen percent of the votes cast for all
candidates for Mayor at the last proceeding
general municipal election for Mayor, requesting
the Board of Supervisors to submit to the voters
of the City and County a proposition or proposi-
tions for incurring bonded indebtedness for the
acquisition, construction or completion of any
public utility or utilities shall be filed with the
director of elections, the Board of Supervisors
shall submit to the voters the proposition or
propositions for incurring bonded indebtedness
of the City and County for purpose or purposes
set forth in that petition at the next general
municipal, statewide or special municipal elec-
tion.

SEC. 9.111. GENERAL AUTHORITY.

Except as otherwise expressly provided in
this Charter, the City and County and its com-

155

Financial Provisions

Sec. 9.113.

missions shall have the authority to incur and
refund indebtedness as provided by and pursu-
ant to the general laws of the state as such laws
are in force at the time any indebtedness is
created or refunded by the City and County or its
commissions. The Controller certifications re-
quired by Sections 3.105 and 9.113 shall not
apply to any indebtedness, financing leases or
agreements for an exchange of pa3m[ients based
upon interest rates which are entered into in
connection with indebtedness or financing leases,
provided that the Controller first certifies that
sufficient unencumbered balances are expected
to be available in the proper fund to meet all
pajrments under such obligations as they become
due. (Amended June 2, 1998)

SEC. 9.111-1.

(Added June 2, 1998; repealed November 2002)

SEC. 9.112. REVENUE BONDS OF THE
PORT COMMISSION.

The Port Commission shall have the exclu-
sive power to perform or accomplish issuance of
revenue bonds for Port-related purposes, as pro-
vided in Section B7.305 of this Charter.

SEC. 9.113. GENERAL FISCAL
PROVISIONS.

(a) Unused and unencumbered appropria-
tions or unencumbered balances existing at the
close of any fiscal year in revenue or expense
appropriations of the City and County for any
such fiscal year, but exclusive of revenue or
money required by law to be held in school, bond,
bond interest, bond redemption, pension, trust,
utility or other specific funds, or to be devoted
exclusively to specified purposes other than an-
nual appropriations, and together with revenues
collected or accruing from any source during
such fiscal year, in excess of the estimated rev-
enue from such source as shown by the annual
budget and the appropriation ordinance for such
fiscal year, shall be transferred by the Controller,
at the closing of such fiscal year, to the General
Fund.

(b) In the event that funds are not available
to meet authorized expenditures, the Treasurer,
upon the recommendation of the Controller, is
authorized to transfer monies among funds held
by the Treasurer in the pooled funds of the City
and Comity which are legally available for such
a purpose, except a pension fund. The Treasurer
and the Controller shall set the terms and con-
ditions of the transfer, taking into account the
requirements and nature of the fund from which
the transfer was made. All monies transferred
pursuant to this Section shall accrue interest at
not less than the then current rate of interest
earned by the Treasurer on the pooled funds of
the City and County. In no event shall the
Controller or the Treasurer cause any transfer of
monies pursuant to this Section if said transfer
would be inconsistent with the terms and condi-
tions of any outstanding bonded indebtedness of
the City and County, including any of its boards
or commissions.

(c) In the event the Mayor or a member of
the Board of Supervisors recommends a supple-
mental appropriation ordinance after the adop-
tion of the budget for any fiscal year and prior to
the close of the fiscal year containing any item
which had been rejected by the Mayor in his/her
review of departmental budget estimates for the
fiscal year or which had been rejected by the
Board of Supervisors in its consideration of the
Mayor's proposed budget for the fiscal year, it
shall require a vote of two-thirds of all members
of the Board of Supervisors to approve such
supplemental appropriation ordinance.

(d) No ordinance or resolution for the expen-
diture of money, except the annual appropriation
ordinance, shall be passed by the Board of Su-
pervisors unless the Controller first certifies to
the Board that there is a sufficient unencum-
bered balance in a fund that may legally be used
for such proposed expenditure, and that, in the
judgment of the Controller, revenues as antici-
pated in the appropriation ordinance for such
fiscal year and properly applicable to meet such
proposed expenditures will be available in the
treasury in sufficient amount to meet the same
as it becomes due.

Sec. 9.113.

San Francisco - Charter

156

(e) The Board of Supervisors shall have the
power to borrow money by the issuance of tax
anticipation notes, temporary notes, commercial
paper, or any other short-term debt instruments
in the manner provided by state law or City
ordinance.

(f) Annual appropriations shall expire at
the end of the fiscal year and the City shall have
no authority to expend funds from such appro-
priations unless and until the Board of Supervi-
sors adopts a new budget, interim budget, or
supplemental appropriation for such expendi-
tures.

(g) No City monies shall be drawn from the
treasury of the City and County, nor shall any
obligation for the expenditure of any money be
incurred, except in pursuance of appropriations
or transfers made as provided in the Charter and
the Administrative Code. (Amended November
2003)

SEC. 9.113.5. RAINY DAY RESERVE.

(a) There shall be a Rainy Day Reserve (the
Reserve), which may also be known as an eco-
nomic stabilization reserve.

Allocations to the Reserve

(b) If the Controller projects that total Gen-
eral Fund revenues for the upcoming budget
year will exceed total General Fund revenues for
the current year by more than five percent, the
budget shall allocate the anticipated General
Fund revenues in excess of that five percent
growth (the excess revenues) as follows:

(i) 50 percent of the excess revenues to the
Reserve;

(ii) 25 percent of the excess revenues to capi-
tal and other one-time expenditures; and,

(iii) 25 percent of the excess revenues to any
lawful governmental purpose.

(c) Total monies in the Reserve may not
exceed 10 percent of actual total general fund
revenues, as stated in the City's most recent
independent annual audit. The budget shall al-
locate excess revenues that would otherwise be
allocated to the Reserve above the 10 percent cap
instead to capital and other one-time expendi-
tures.

(d) The Mayor and the Board of Supervisors
may, at any time, appropriate monies from the
capital and other one-time expenditures alloca-
tion for capital projects or for expenditures such
as, but not limited to, acquisition of equipment
or information systems.

(e) The Mayor and the Board of Supervisors
may, at any time, appropriate monies from the
general purpose allocation for any lawful govern-
mental purpose.

Withdrawals from the Reserve

(f) If the Controller projects that total Gen-
eral Fund revenues for the upcoming budget
year will be less than the current year's total
General Fund revenues, or the highest of any
other previous year's total General Fund rev-
enues, the budget may appropriate up to 50
percent of the current balance in the Reserve,
but no more than the shortfall in total General
Fund revenues, for any lawful governmental
purpose in the upcoming budget year.

(i) If the trigger for withdrawals from the
Reserve was not met in the current year,
the Controller shall calculate the shortfall
for the upcoming budget year by subtract-
ing the total projected General Fund rev-
enues for the upcoming budget year from
the total projected General Fund rev-
enues for the current year.

(ii) If the trigger for withdrawals from the
Reserve was met in the current year, the
shortfall shall be calculated by subtract-
ing the total projected General Fund rev-
enues for the upcoming budget year from
the highest of any previous year's total
General Fund revenues, plus two percent
for each intervening year.

Adjustments

(g) If the City made appropriations from the
Reserve in the current year and in the immedi-
ately preceding budget year pursuant to subsec-
tion (f), the City is not required to allocate any
anticipated excess revenues to the Reserve or to
capital and other one-time expenditures for the
upcoming budget year.

157

Financial Provisions

Sec. 9.114.

(h) If the Controller projects that the Con-
sumer Price Index for the upcoming budget year
shall exceed the index for the current year by
more than five percent, the trigger for alloca-
tions to the Reseive as set forth in Subparagraph
(b) above shall instead be the percentage of
growth in the index plus two percent. If the
Controller projects that the Consumer Price In-
dex for the upcoming budget year shall be less
than the index for the current year, the trigger
for withdrawals from the Reserve as set forth in
Subparagraph (f) above shall instead be the
percentage of negative growth in the index. The
Controller shall use for these purposes the San
Francisco All Items Consumer Price Index for All
Urban Consumers (CPI-U), or its successor, as
reported by the U.S. Department of Labor's Bu-
reau of Labor Statistics.

(i) If the Board of Supervisors or the voters
take an action that changes the amount of total
General Fund revenues in any material manner,
such as reducing a tax or imposing a new fee, the
revenue changes caused by that action will not
be counted as part of the triggers for allocations
to or withdrawals from the Reserve during the
year or years in which the action is first imple-
mented.

(j) In conjunction with the year-end close of
the budget, the Controller shall reconcile the
revenue projections triggering any budgeted al-
locations to or withdrawals from the Reserve
with actual revenue results, as stated in the
City's independent annual audit for the years in
question, and rebalance the Reserve, the capital
and other one-time expenditures allocation, and
the general purpose allocation accordingly.

Withdrawals for the Benefit of the Unified
School District

(k) If the Controller projects that inflation-
adjusted per-pupil revenues for the San Fran-
cisco Unified School District will be reduced in
the upcoming budget year and the School Dis-
trict has noticed a significant number of layoffs,
the Board of Supervisors and the Mayor may, in
their discretion, appropriate funds from the Re-
serve to the School District to offset the costs of
maintaining education during the upcoming bud-

get year. Such appropriations may not exceed the
dollar value of the total decline in inflation-
adjusted per-pupil revenues for the year, or 25
percent of the Reserve balance, whichever is
lower. If the triggers for withdrawals from the
Reserve for the benefit of the School District
were met in the current year, the decline in
per-pupil revenues shall be calculated by sub-
tracting the inflation-adjusted per-pupil rev-
enues for the upcoming budget year from the
highest of any previous year's inflation-adjusted
per-pupil revenues, plus two percent for each
intervening year.

Transition

(1) On the effective date of this Section, the
Controller shall transfer all monies in the City's
Cash Reserve to the Rainy Day Reserve.

(m) For purposes of initial implementation
of this Section, the Mayor and the Board of
Supervisors may make appropriations from the
Reserve for the 2004-2005 budget year and sub-
sequent years if the Controller certifies that the
trigger for withdrawal in subsection (f) would
have been met during the 2003-2004 budget
year, if this Section had been in effect at that
time; provided, however, that the City shall not
be required to make allocations of any antici-
pated excess revenues to the Reserve or to capi-
tal and other one-time expenditures for the 2004-
2005 budget year. (Added November 2003)

SEC. 9.114. MISSION-DRIVEN BUDGET.

Each departmental budget shall describe each
proposed activity of that department and the
cost of that activity. In addition, each depart-
ment shall provide the Mayor and the Board of
Supervisors with the following details regarding
its budget:

1. The overall mission and goals of the
department;

2. The specific programs and activities con-
ducted by the department to accomplish its mis-
sion and goals;

3. The customer(s) or client(s) served by the
department;

Sec. 9.114.

San Francisco - Charter

158

4. The service outcome desired by the cus-
tonier(s) or cHent(s) of the department's pro-
grams and activities;

5. Strategic plans that guide each program
or activity;

6. Productivity goals that measure progress
toward strategic plans;

7. The total cost of carrying out each pro-
gram or activity; and

8. The extent to which the department
achieved, exceeded or failed to meet its missions,
goals, productivity objectives, service objectives,
strategic plans and spending constraints identi-
fied in subsections (1) through (6) during the
prior year.

Departmental budget estimates shall be pre-
pared in such form as the Controller, after con-
sulting with the Mayor, directs in writing.

SEC. 9.115. DEPARTMENTAL BUDGET
COMMITMENTS.

It shall be the duty of each officer, depart-
ment head, board or commission ultimately re-
sponsible for the management of each depart-
ment to certify to the Mayor and the Board of
Supervisors his/her commitment to perform the
programs and activities with specified levels of
performance for specified costs as outlined in the
budget description and other information re-
quired by Section 9.114.

SEC. 9.116. DEPARTMENTAL SAVINGS
AND REVENUE GAINS.

Within 30 days of the Controller's issuance of
the combined annual financial report of the City
and County, the Controller shall report to the
Mayor and Board of Supervisors regarding the
extent to which each department in the prior
fiscal year has recovered additional revenues
measured by the difference between projected
and experienced revenues. It shall be City policy
for the Mayor and Board of Supervisors, upon
receipt of this report, through the supplemental
appropriations process to give serious consider-
ation to rewarding those departments that the
Controller has certified pursuant to this section

exceeded their revenue goals or met or exceeded
departmental operational goals expending less
than has been projected in the budget.

SEC. 9.117. ESTABLISHMENT OF AUDIT
COMMITTEE OF THE BOARD OF
SUPERVISORS.

On or before the operative date of this Char-
ter and until this requirement is changed by the
Board of Supervisors, the Board of Supervisors
shall establish through its rules an Audit Com-
mittee.

The Audit Committee shall:

1. Maintain a direct and separate line of
communication between the Board of Supervi-
sors and the City and County's independent
auditor;

2. Meet with the independent auditor to
review the audited annual financial statement
and the auditor's report on such matters as the
quality and depth of management and compli-
ance;

3. Recommend appropriate action to be taken
by the Board of Supervisors to implement recom-
mendations contained in the audit report;

4. Follow up, as necessary, to ensure that
approved recommendations are promptly imple-
mented; and

5. Perform other duties as assigned by the
Board of Supervisors.

SEC. 9.118. CONTRACT AND LEASE
LIMITATIONS.

(a) Unless otherwise provided for in this
Charter, contracts entered into by a department,
board or commission having anticipated revenue
to the City and County of one million dollars or
more, or the modification, amendment or termi-
nation of any contract which when entered into
had anticipated revenue of one million dollars or
more, shall be subject to approval of the Board of
Supervisors by resolution.

(b) Unless otherwise provided for in this
Charter, £ind with the exception of construction
contracts entered into by the City and County,
any other contracts or agreements entered into
by a department, board or commission having a

159 Financial Provisions Sec. 9.118.

term in excess of ten years, or requiring antici-
pated expenditures by the City and County often
million dollars, or the modification or amend-
ments to such contract or agreement having an
impact of more than $500,000 shall be subject to
approval of the Board of Supervisors by resolu-
tion.

(c) Unless otherwise provided for in this
Charter, any lease of real property for a period of
ten or more years, including options to renew, or
having anticipated revenue to the City and County
of one million dollars or more; the modification,
amendment or termination of any lease, which
when entered into was for a period often or more
years, including options to renew, or had antici-
pated revenue to the City and County of one
million dollars or more; and any sale or other
transfer of real property owned by the City and
County, shall first be approved by resolution of
the Board of Supervisors. Leases of property
under the jurisdiction of the Port Commission for
maritime use shall be exempt from the require-
ments of this section. (Amended November 1997)

San Francisco - Charter 160

[The next page is 171]

ARTICLE X: PERSONNEL ADIVONISTRATION

Sec. 10.100. Civil Service Commission.
Sec. 10.101. General Powers and Duties.
Sec. 10.102. Department of Human

Resources.
Sec. 10.103. Human Resources Director.
Sec. 10.104. Exclusions from Civil Service

Appointment.
Sec. 10.105. Provisional Appointments.

SEC. 10.100. CIVIL SERVICE
COMMISSION.

There is hereby established a Civil Service
Commission which is charged with the duty of
providing qualified persons for appointment to
the service of the City and County.

The Commission shall consist of five mem-
bers appointed by the Mayor, pursuant to Sec-
tion 3.100, for six-year terms. Not less than two
members of the Commission shall be women.

The persons so appointed shall, before taking
office, make under oath and file in the office of
the County Clerk the following declaration: "I
am opposed to appointments to the public service
as a reward for political activity and will execute
the office of Civil Service Commissioner in the
spirit of this declaration."

A commissioner may be removed only upon
charges preferred in the same manner as in this
Charter provided for elective officers.

The regular meetings of the Conmiission shall
be open to the public and held at such a time as
will give the general public and employees of the
City and County adequate time within which to
appear before the Commission after the regular
daily working hours of 8:00 a.m. to 5:00 p.m.
Such person or persons shall be given an oppor-
tunity to be heard by the Commission before
final action is taken in any case involving such
person or persons.

SEC. 10.101. GENERAL POWERS AND
DUTIES.

The Civil Service Commission shall adopt
rules, policies and procedures to carry out the

civil service merit system provisions of this char-
ter and, except as otherwise provided in this
Charter, such rules shall govern applications;
examinations; eligibility; duration of eligible lists;
certification of eligibles; leaves of absence for
employees and officers; appointments; promo-
tions; transfers; resignations; lay-offs or reduc-
tion in force, both permanent and temporary, due
to lack of work or funds, retrenchment or comple-
tion of work; the designation and filling of posi-
tions, as exempt, temporary, provisional, part-
time, seasonal or permanent; status and status
rights; probationary status and the administra-
tion of probationary periods, except duration;
pre-emplo37ment and fitness for duty medical
examinations, except for the conditions under
which referrals for fitness for duty examinations
will be made, and the imposition of new require-
ments; classification; conflict of interest; and
such other matters as are not in conflict with this
Charter; provided, however, that the minimum
rule for the certification of eligibles shall be the
Rule of Three Scores, and provided further that
rules for leave due to illness or disability shall be
approved by the Board of Supervisors. Changes
to the rules may be proposed by members of the
Commission, the Executive Assistant or the Hu-
man Resources Director and approved or re-
jected by the Commission. The Commission may,
upon ten days' notice, make changes in the rules,
which changes shall thereupon be printed and be
in force; provided that no such changes in rules
shall affect a case pending before the Commis-
sion.

The Commission shall have power to insti-
tute and prosecute legal proceedings for viola-
tions of any civil service merit system or Depart-
ment of Human Resources provisions of this
Charter.

The Commission shall establish an inspec-
tion service for the purpose of investigating the
conduct or an action of appointees in all positions
and of securing records of service for promotion

171

Sec. 10.101.

San Francisco - Charter

172

and other purposes. All departments shall coop-
erate with the Commission in making its inves-
tigations and any person hindering the Commis-
sion or its agents shall be subject to suspension.

The Commission shall by rule establish pro-
cedures to review and resolve allegations of
discrimination as defined in Article XVII of this
Charter or otherwise prohibited nepotism or
favoritism appealed to it pursuant to this sec-
tion. The determination reached under Commis-
sion procedures shall be final and shall forthwith
be enforced by every employee and officer.

The Commission shall have the power to
inquire into the operation of the civil service
merit system to ensure compliance with merit
principles and rules established by the Commis-
sion. After such inquiry, the Commission may
direct the Human Resources Director to take
such action as the Commission believes neces-
sary to carry out the civil service provisions of
this Charter. In any hearing conducted by the
Commission or by any hearing officer it appoints
pursuant to this section, the Commission or the
hearing officer shall have the power to subpoena
and require the attendance of witnesses and the
production of records.

The Commission may require periodic re-
ports from the Human Resources Director in a
manner and form which it shall prescribe.

The Commission may hear appeals from an
action of the Human Resources Director in ac-
cordance with its rules, including but not limited
to:

1. Allegations of discrimination as defined
in Article XVII of this Charter. Notwithstanding
any other provisions of this Charter except the
fiscal provisions hereof, the decision of the Com-
mission regarding allegations of discrimination
shall forthwith be enforced by every officer and
employee;

2. Allegations of fraud; and

3. Allegations of conflict of interest.

No action by the Human Resources Director
which is the subject of any appeal shall be stayed
during the appeal process except by a majority
vote of the Civil Service Commission.

The Commission shall have the power and it
shall be its duty to appoint an executive assis-
tant to be the administrative head of the affairs
under its control who shall serve at its pleasure;
provided, however, that any person who has
Civil Service status in the position of executive
assistant to the Commission on the effective date
of this section as amended shall continue to have
Civil Service status in the position of executive
assistant under the Civil Service provisions of
this Charter. The executive assistant shall peri-
odically report to the Commission on operation of
the civil service merit system and may make
recommendations to the Civil Service Commis-
sion regarding its rules, policies and procedures.

SEC. 10.102. DEPARTMENT OF HUMAN
RESOURCES.

The Department of Human Resources shall
consist of a Hmnan Resources Director and such
employees as may be necessary to carry out its
fimctions and duties.

Pursuant to and in accordance with policies,
rules and procedures of the Civil Services Com-
mission governing the merit system, the Depgirt-
ment of Human Resources shall be the personnel
department for the City and County and shall
determine appointments on the basis of merit
and fitness as shown by appropriate test and,
except as specifically set forth in this Charter,
shall perform all tests, duties and functions
previously performed by the Civil Service Com-
mission, including but not limited to authority to
recruit, select, certify, appoint, train, evaluate,
promote career development, classify positions,
administer salaries, administer employee disci-
pline, discharge and other related personnel ac-
tivities in order to maintain an effective and
responsive work force.

The Department of Human Resources shall
be responsible for coordination of all state, local
and federal health and safety mandates, pro-
grams and requirements relating to employees
including but not limited to industrial hygiene
programs, health and safety programs, OSHA
compliance and return to work programs. De-

173

Personnel Administration

Sec. 10.103.

partment heads shall coordinate such activities
of employees under their jurisdiction with the
Human Resources Director.

The Department of Human Resources shall
be responsible for policy, management and ad-
ministration of the worker's compensation pro-
gram and shall review and determine all appli-
cations for disability leave.

Subject to Section 11.100 hereof, the Depart-
ment of Human Resources shall be responsible
for management and administration of all labor
relations of the City and County.

Except for the purpose of inquiry, the Mayor
shall deal with the administration of the civil
service merit system solely through the Human
Resources Director and the Civil Service Com-
mission or their designees. The Mayor shall not
dictate, suggest or interfere with the merit sys-
tem activities of the Civil Service Commission or
Human Resources Department. Administrative
matters shall be dealt with only in the manner
provided by this Charter, and any dictation,
suggestion or interference herein prohibited shall
constitute official misconduct; provided that noth-
ing herein contained shall restrict the power of
hearing and inquiry as provided in this Charter.
(Amended November 2004)

SEC. 10.103.
DIRECTOR.

HUMAN RESOURCES

A Human Resources Director shall be se-
lected by the Mayor from candidates nominated
by the Civil Service Commission and confirmed
by vote of the Board of Supervisors. The Human
Resources Director shall possess not less than
ten years professional experience in personnel,
human resources management, labor or em-
ployee relations at least five years of which must
be in federal, state or local governmental person-
nel management and such other qualifications
as determined by the Commission. Notwithstand-
ing any other provisions of this Charter, the
Human Resources Director shall be appointed by
and serve at the pleasure of the Mayor, provided
that the Mayor's removal of the Human Re-
sources Director may be rejected by a four-fifths
vote of the Commission. Failure of the Commis-

sion to act within 30 days shall be deemed
approval of the Mayor's action. The nominee of
the Mayor may be appointed acting Human
Resources Director pending confirmation. The
person so appointed shall, before taking office,
make under oath and file in the Office of the
County Clerk the following declaration: "I am
opposed to appointments to the public service as
a reward for political activity and will execute
the Office of Human Resources Director in the
spirit of this declaration."

The appointment of the Director of the Hu-
man Resources Department as of the effective
date of this Charter shall be effective until July
1, 1996, after which time he may be reappointed
to the position in accordance with the appoint-
ment method provided herein.

The Human Resources Director shall have
full power to administer the affairs of the De-
partment. He or she shall have all powers of a
department head and may appoint a Director of
Employee Relations, an executive assistant and
one confidential secretary, each of whom shall be
exempt from the civil service provisions of this
Charter, to assist in the administration and
management of the functions of the department.

The Human Resources Director shall review
and resolve allegations of discrimination as de-
fined in Article XVTI of this Charter against
employees or applicants, or otherwise prohibited
nepotism or favoritism. Notwithstanding any
other provisions of this Charter except the fiscal
provisions hereof, the decision of the Human
Resources Director shall forthwith be enforced
by every employee and officer, unless the deci-
sion is appealed to the Commission in accor-
dance with Section 10.101.

The Human Resources Director shall inves-
tigate all employee complaints concerning job-
related conduct of City and County employees
and shall promptly report to the source of the
complaint.

The Human Resources Director shall pro-
mote effective and efficient management through
personnel programs that encourage productivity,
job satisfaction and exemplary performance.

Sec. 10.103.

San Francisco - Charter

174

The Human Resources Director shall provide
a procedure for resolution of employee disputes
which shall be consistent with other provisions
of this Charter and shall be utilized by all
department heads and appointing officers in the
absence of an applicable grievance procedure in
a binding labor agreement.

The Human Resources Director shall verify
that all persons whose names appear on City and
County payrolls have been legally appointed to
or employed in positions legally established un-
der this Charter. The Controller shall not draw
his or her warrant for any claim for salary, wages
or compensation which has been disapproved by
the Human Resources Director.

Consistent with the foregoing and other ap-
plicable provisions of this Charter, the Human
Resources Director may delegate to the various
appointing officers appropriate personnel respon-
sibilities, and shall consult with appointing offi-
cers with respect to Civil Service Commission
rules affecting their operations.

The Human Resources Director shall estab-
lish a system of job classification. The decision of
the Human Resources Director regarding classi-
fication matters shall be final unless appealed to
the Commission; provided, however, that noth-
ing herein shall be construed to alter the scope of
bargaining set forth in the following sections of
the 1932 Charter: 8.400, 8.403, 8.404, 8.405,
8.407-1, 8.409 et seq. and 8.590-1 et seq.

The allocation or reallocation of a position
shall not adversely affect the civil service rights
of an occupant regularly holding such position.
No person shall hold a position outside of the
classification to which the person has been ap-
pointed, provided that every employee of any
department or office shall discharge any of the
duties pertaining to such department or office to
which the employee's department head may tem-
porarily assign the employee. (Amended Novem-
ber 2004)

SEC. 10.104. EXCLUSIONS FROM CIVIL
SERVICE APPOINTMENT.

All employees of the City and County shall be
appointed through competitive examination un-

less exempted by this Charter. The following
positions shall be exempt from competitive civil
service selection, appointment and removal pro-
cedures, and the person serving in the position
shall serve at the pleasure of the appointing
authority:

1. All supervisory and policy-level positions
within the office of the Mayor and the office of
the City Administrator;

2. All elected officers of the City and County
and their chief deputies or chief assistants;

3. All members of commissions, boards and
advisory committees;

4. Not more than one commission secretary
for each commission or board;

5. All heads of agencies and departments,
unless otherwise provided for herein;

6. All non-uniformed deputy heads of de-
partments;

7. All uniformed deputy heads of depart-
ments, police commanders and Fire Chiefs aides;

8. Not move than one confidential secretary
and executive assistant in each department and
agency;

9. The Clerk of the Board of Supervisors,
legislative analyst and assistants to the mem-
bers of the Board of Supervisors.

10. All paraprofessional aides of the Uni-
fied School District and teaching instructional
aides of the Community College District;

11. Persons employed in positions outside
the City and County upon construction work
being performed by the City and County when
such positions are exempted from the classified
civil service by an order of the civil service
commission;

12. Persons employed in positions in any
department for expert professional temporary
services, when such positions are exempted from
said classified civil service for a specified period
of said temporary service by order of the civil
service commission.

The proportion of full-time employees in the
above exempt categories to the total number of
civil service employees of the City and County
shall not be greater than such proportion as

175

Personnel Administration

Sec. 10.105.

existed on July 1, 1994, unless modified by Civil
Service Commission rule, approved by the Board
of Supervisors.

13. All attorneys, including an attorney to
the Sheriff and an attorney for the Tax Collector,
City Attorney's and District Attorney's investiga-
tors, hospital chief administrators, physicians
and dentists serving in their professional capac-
ity (except those physicians and dentists whose
duties are significantly administrative or super-
visory);

14. The law librarian, assistant law librar-
ians, bookbinder of the Law Library, purchaser,
curators. Assistant Sheriff, Deputy Port Direc-
tor, Chief of the Bureau of Maritime Affairs,
Director of Administration and Finance of the
Port, Port Sales Manager, Port Traffic Manager,
Chief Wharfinger, Port Commercial Property Man-
ager, Actuary of the Employee's Retirement Sys-
tem, Director of the Zoo, Chief Veterinarian of
the Zoo, Director of the Arboretum and Botanical
Garden, Director of Employee Relations, Health
Service Administrator, Executive Assistant to
the Human Services Director, and any other
positions designated as exempt under the 1932
Charter, as amended;

15. Positions determined by the Controller
and approved annually by the Board of Supervi-
sors to be positions where the work or services
can be practically performed under private con-
tract at a lesser cost than similar work per-
formed by employees of the City and County,
except where such work or services are required
to be performed by officers or employees of the
City and County under the provisions of this
Charter or other applicable law.

In addition, with the approval of the Civil
Service Commission, exempt employees shall
include:

16. Temporary and seasonal appointments
not to exceed the equivalent of half-time during
any fiscal year, except that such positions may be
filled through regular civil service procedures;

17. Appointments, which shall not exceed
two years and shall not be renewable, as substi-
tutes for civil service employees on leave, except
that such positions may be filled through regular
Civil Service procedures;

18. Appointments, which shall not exceed
three years and shall not be renewable, for
special projects and professional services with
limited term funding, except that such positions
may be filled through regular civil service proce-
dures; and

19. Entry level positions designated by an
appointing officer with approval of the Civil
Service Commission for persons who met mini-
mum qualifications and are certified as blind or
severely disabled; persons so appointed whose
job performance is rated satisfactory by their
appointing officer shall after one year of continu-
ous service acquire Civil Service status.

SEC. 10.105. PROVISIONAL
APPOINTMENTS.

Provisional appointments for classified posi-
tions for which no eligible list exists shall not
exceed three years. Provisional appointments
may only be renewed with the approval of the
Board of Supervisors and upon certification by
the Human Resources Director that for reasons
beyond his or her control the Department has
been unable to conduct examinations for these
positions.

San Francisco - Charter 176

[The next page is 187]

ARTICLE XI: EMPLOYER-EMPLOYEE RELATIONS SYSTEM

Sec. 11.100. General.

Sec. 11.101. Employee Relations Office.

SEC. 11.100. GENERAL.

Subject to this Charter and consistent with
state law, the Mayor through the Human Re-
sources Director or his/her designee and in con-
sultation with the Board of Supervisors shall be
responsible for meeting and conferring with em-
ployees or their recognized employee organiza-
tions regarding salaries, working conditions, ben-
efits and other terms and conditions of
employment to be embodied in memoranda of
understanding. The Human Resources Director
shall assume day-to-day administration of all
labor relations responsibilities previously vested
in the Mayor or Board of Supervisors.

The Human Resources Director shall submit
proposed memoranda of understanding includ-
ing, where applicable, schedules of compensa-
tion, benefits and working conditions to the
Mayor, who upon approval shall forward the
proposed memoranda of understanding to the
Board of Supervisors for determination by a
majority vote. The Board of Supervisors shall
have the power to accept or reject such memo-
randa of understanding. It shall be the duty of
the Board of Supervisors, upon approval of any
such memoranda of understanding to enact ap-
propriate ordinances authorizing pa3nnent of any
compensation or benefits or other terms and
conditions of employment so approved.

Nothing in this section shall supersede any
dates specified in this Charter for fixing compen-
sation, except that the Board of Supervisors by
motion may extend up to 30 days the date for
final adoption of ordinances approving salary
and benefits pursuant to such sections. Should
the Board of Supervisors reject any memoran-
dum of understanding and/or schedule of com-
pensation and benefits, the Board of Supervisors
shall by motion simultaneously extend by 60

days the date for final adoption of ordinances
approving salary, benefits and/or working condi-
tions pursuant to .such sections.

SEC. 11.101. EMPLOYEE RELATIONS
OFFICE.

The Human Resources Director shall:

1. Represent the City and County and/or its
departments in the implementation of those pro-
visions of Title I, Division 4, Chapter 10 of the
Government Code applicable to the City and
County, subject to the Mayor's authority under
Charter Section 11.100;

2. Coordinate the meet and confer process
between the City and County, its employees
and/or their designated representatives;

3. Negotiate and administer memoranda of
understanding; and

4. Perform related duties necessary to ad-
minister the employee relations functions of the
City and County.

187

San Francisco - Charter 188

[The next page is 195]

ARTICLE XII: EMPLOYEE RETIREMENT AND HEALTH SERVICE SYSTEMS

Sec. 12.100. Retirement Board.

Sec. 12.101. Executive Director.

Sec. 12.102. Hearing Officer.

Sec. 12.103. Trust Fund.

Sec. 12.200. Health Service Board.

Sec. 12.201. Medical Director and Health

Services Administrator.
Sec. 12.202. Membership in Health Service

System.
Sec. 12.203. Health Service System Fund.

SEC. 12.100. RETIREMENT BOARD.

The Retirement Board shall consist of seven
members as follows: one member of the Board of
Supervisors appointed by the President, three
public members to be appointed by the Mayor
pursuant to Section 3.100, and three members
elected by the active members and retired per-
sons of the Retirement System from among their
number. The public members appointed by the
Mayor shall be experienced in life insurance,
actuarial science, employee pension planning or
investment portfolio management, or hold a de-
gree of doctor of medicine. There shall not be, at
any one time, more than one retired person on
the Board. The term of the members, other than
the Board of Supervisors member, shall be five
years, one term expiring on February 20th of
each year. The three elected members need not
be residents of the City and County. Vacancies on
the Board shall be filled by the Mayor for the
remainder of the unexpired term, except that in
the case of elected employee members, a vacancy
shall be filled by a special election within 120
days after the vacancy occurs unless the next
regularly scheduled employee member election
is to be held within six months after such va-
cancy occurred. Elections shall be conducted by
the Director of Elections in a manner prescribed
by ordinance.

The Board shall appoint and may remove an
executive director and an actuary. The Board
may employ a consulting actuary.

In accordance with Article XVI, Section 17, of
the California Constitution, the Retirement Board
shall have plenary authority and fiduciary re-
sponsibility for investment of monies and admin-
istration of the Retirement System.

The Board shall be the sole authority and
judge, consistent with this Charter and ordi-
nances, as to the conditions under which mem-
bers of the Retirement System may receive and
may continue to receive benefits under the Re-
tirement System, and shall have exclusive con-
trol of the administration and investment of such
funds as may be established.

The Retirement Board shall discharge its
duties with respect to the system with the care,
skill, prudence and diligence under the circum-
stances then prevailing that a prudent person
acting in a like capacity and familiar with these
matters would use in the conduct of an enter-
prise of a like character and with like aims.

The Board shall determine City and County
and District contributions on the basis of a
normal contribution rate which shall be com-
puted as a level percentage of compensation
which, when applied to the future compensation
of the average new member entering the System,
together with the required member contribution,
will be sufficient to provide for the payment of all
prospective benefits of such member. The portion
of liability not provided by the normal contribu-
tion rate shall be amortized over a period not to
exceed twenty years.

The Board may act by a majority of the
members present at a meeting so long as a
quorum is in attendance.

SEC. 12.101. EXECUTIVE DIRECTOR.

The executive director shall administer the
Retirement System in accordance with the pro-
visions of this Charter and the policies and
regulations of the Retirement Board.

195

Sec. 12.102.

San Francisco - Charter

196

SEC. 12.102. HEARING OFFICER.

Any application for retirement or death al-
lowance made pursuant to this Charter shall be
heard by a hearing officer employed under con-
tract by the Retirement Board and selected by
procedures set forth in its rules, which shall
include rules setting forth the qualifications and
selection procedure necessary to appoint a quali-
fied and unbiased hearing officer. Following pub-
lic hearing, the hearing officer shall determine
whether such application shall be granted or
denied. All expenses related to processing and
adjudicating such applications shall be paid from
the Trust Fund.

At any time within 30 days after the service
of the hearing officer's decision, the applicant or
any other affected party, including the Retire-
ment System, may petition the hearing officer
for a rehearing upon one or more of the following
grounds and no other:

1. That the hearing officer acted without or
in excess of the hearing officer's powers;

2. That the decision was procured by fraud;

3. That the evidence does not justify the
decision; or

4. That the petitioner has discovered new
material evidence which could not, with reason-
able diligence, have been discovered and pro-
duced at the hearing.

The decision of the hearing officer shall be
final upon the expiration of 30 days after the
petition for rehearing is denied, or if the hearing
is granted, upon the expiration of 30 days after
the rendition of the decision. Such final decision
shall not be subject to amendment, modification
or rescission by the Board, but shall be subject to
review by the Board only for the purpose of
determining whether to seek judicial review.

SEC. 12.103. TRUST FUND.

The Retirement Fund shall be a trust fund to
be administered by the Retirement Board in
accordance with the provisions of this Charter
solely for the benefit of the active members and
retired members of the Retirement System and
their survivors and beneficiaries. Administrative
costs of the Retirement System, as adopted by

the Board of Supervisors in the annual budget
shall be paid from the accumulated contributions
of the City and County.

The Fund is intended to qualify for tax de-
ferred treatment under Section 401(a) of the
Internal Revenue Code of 1986, as amended, and
the Board is responsible for preserving the Fund's
status.

SEC. 12.200. HEALTH SERVICE BOARD.

There shall be a Health Service Board which
shall consist of seven members as follows: one
member of the Board of Supervisors, to be ap-
pointed by the President of the Board of Super-
visors; the City Attorney or designated Deputy
City Attorney, except that on May 15, 2005, the
City Attorney's tenure on the Health Service
Board shall expire and that seat shall be filled by
a member elected from the active and retired
members of the System from among their num-
ber; two members appointed by the Mayor pur-
suant to Section 3.100, one of whom shall be an
individual who regularly consults in the health
care field, and the other a doctor of medicine; and
three members (in addition to the elected mem-
ber assuming the seat vacated by the City Attor-
ney) elected from the active and retired members
of the System from among their number. Elec-
tions shall be conducted by the Director of Elec-
tions in a manner prescribed by ordinance. Elected
members need not reside within the City and
County. The terms of members, other than the ex
officio members, shall be five years, and shall
expire on May 15 of each year.

A vacancy on the Board appointed by the
Mayor shall be filled by the Mayor. A vacancy in
an elective office on the Board shall be filled by a
special election within 90 days after the vacancy
occurs unless a regular election is to be held
within six months after such vacancy shall have
occurred.

The Health Service Board shall:

1. Establish and maintain detailed histori-
cal costs for medical and hospital care and con-
duct an annual review of such costs;

2. Apply benefits without special favor or
privilege;

197

Employee Retirement and Health Service Systems

Sec. 12.203.

3. Put such plans as provided for in Section
A8.422 into effect and conduct and administer
the same and contract therefor and use the funds
of the System;

4. Make rules and regulations for the ad-
ministration of business of the Health Service
System, the granting of exemptions and the
admission to the System of persons who are
hereby made members, and such other officers
and employees as may voluntarily become mem-
bers with the approval of the Board; and

5. Receive, consider and, within 60 days
after receipt, act upon any matter pertaining to
the policies of, or appeals from, the Health Ser-
vice System submitted to it in writing by any
member or any person who has contracted to
render medical care to the members.

Except as otherwise specifically provided, the
Health Service Board shall have the powers and
duties and shall be subject to the limitations of
Charter Sections 4.102, 4.103 and 4.104.

Subject to the requirements of state law and
the budgetary and fiscal provisions of the Char-
ter, the Health Service Board may make provi-
sion for heath or dental benefits for residents of
the City and County of San Francisco as pro-
vided in Section A8.421 of Appendix A of the
Charter. (Amended November 2004)

matters coming before it as an appeals board.
The Board shall prepare its rules, regulations
and policies so that they are clear, definite and
complete and so that they can be readily admin-
istered by the Health Services administrator.
(Amended November 2004)

SEC. 12.202. MEMBERSHIP IN HEALTH
SERVICE SYSTEM.

The members of the System shall consist of
all officers and permanent employees of the City
and County, the Unified School District, the
Community College District, and such other of-
ficers, employees, dependents and retirees as
provided by ordinance.

SEC. 12.203. HEALTH SERVICE SYSTEM
FUND.

The Health Service System fund shall be a
trust fund administered by the Health Service
Board in accordance with the provisions of this
Charter solely for the benefit of the active and
retired members of the Health Service System
and their covered dependents. The City and
County, School District and Community College
District shall each contribute to the Health Ser-
vice System Fund amounts sufficient to effi-
ciently administer the Health Service System.

SEC. 12.201. MEDICAL DIRECTOR AND
HEALTH SERVICES ADMINISTRATOR.

The Health Service Board may appoint a
full-time or part-time medical director. He or she
shall hold office at its pleasure. The medical
director shall be responsible to the Board as a
board, but not to any individual member or
committee thereof. The Health Service Board
shall appoint a full-time administrator with ex-
perience in administering health plans or in
comparable work, who shall hold office at the
Health Service Board's pleasure. The Health
Services administrator shall administer the Health
Service System in accordance with the provi-
sions of this Charter and the rules, regulations
and policies of the Health Service Board. The
Board and each committee of the Board shall
confine its activities to policy matters and to

San Francisco - Charter 198

[The next page is 207]

ARTICLE XIII: ELECTIONS

Sec. 13.

100.

101.

101.5.

102.

103.

103.5.

104.

104.5.

Sec. 13.105.

Sec. 13.106.

Sec. 13.107.

Sec. 13.107.5.

Sec. 13.108.

Sec. 13.109.

Sec. 13.110.

City and County Elections.

Terms of Elective Office.

Vacancies.

Instant Runoff Elections.

Special Municipal Elections.

Elections Commission.

Department of Elections.

Use of Other City Employees

and Officers.

Nomination.

Qualification.

Election Material Mailed to

Voters.

Posting of Ballot Counts at

Polls.

Determination of Election

Results.

Filing Fees.

Election of Supervisors.

SEC. 13.100. CITY AND COUNTY
ELECTIONS.

The Board of Supervisors shall adopt an
Elections Code consistent with the provisions of
this Charter. Where not otherwise provided by
this Charter or by ordinance, all City and County
elections shall be governed by the provisions of
applicable state laws.

SEC. 13.101. TERMS OF ELECTIVE
OFFICE.

Except in the case of an appointment or
election to fill a vacancy, the term of office of each
elected officer shall commence at 12:00 noon on
the eighth day of January following the date of
the election.

Subject to the applicable provisions of Sec-
tion 13.102, the elected officers of the City and
County shall be elected as follows:

At the general municipal election in 1995 and
every fourth year thereafter, a Mayor, a Sheriff
and a District Attorney shall be elected.

At the stat,ewide general election in 1996 and
every fourth year thereafter, four members of the
Board of Education and four members of the
Governing Board of the Community College Dis-
trict shall be elected.

At the general municipal election in 1997 and
every fourth year thereafter, a City Attorney and
a Treasurer shall be elected.

At the general municipal election in 2006 and
every fourth year thereafter, an Assessor-Re-
corder and Public Defender shall be elected.

At the statewide general election in 1998 and
every fourth year thereafter, three members of
the Board of Education and three members of the
Governing Board of the Community College Dis-
trict shall be elected.

The election and terms of office of members of
the Board of Supervisors shall be governed by
Section 13.110. (Amended November 1996; March
2002; Amended by Proposition E, 11/8/2005)

SEC. 13.101.5. VACANCIES.

(a) If the office of Assessor-Recorder, City
Attorney, District Attorney, Public Defender, Sher-
iff, Treasurer, or Member of the Board of Super-
visors, Board of Education or Governing Board of
the Community College District becomes vacant
because of death, resignation, recall, permanent
disability, or the inability of the respective officer
to otherwise carry out the responsibilities of the
office, the Mayor shall appoint an individual
qualified to fill the vacancy under this Charter
and state laws.

(b) If the Office of Mayor becomes vacant
because of death, resignation, recall, permanent
disability or the inability to carry out the respon-
sibilities of the office; the President of the Board
of Supervisors shall become Acting Mayor and
shall serve until a successor is appointed by the
Board of Supervisors.

207

Supp. No. 1, September 2006

Sec. 13.101.5.

San Francisco - Charter

208

(c) Any person filling a vacancy pursuant to
subsection (a) or (b) of this Section shall serve
until a successor is selected at the next election
occurring not less than 120 days after the va-
cancy, at which time an election shall be held to
fill the unexpired term, provided 'that (1) if an
election for the vacated office is scheduled to
occur less than one year after the vacancy, the
appointee shall serve until a successor is selected
at that election or (2) if an election for any seat
on the same board as the vacated seat is sched-
uled to occur less than one year but at least 120
days after the vacancy, the appointee shall serve
until a successor is selected at that election to fill
the unexpired term.

(d) If no candidate receives a majority of the
votes cast at an election to fill a vacated office,
the two candidates receiving the most votes shall
qualify to have their names placed on the ballot
for a municipal runoff election at the next regu-
lar or otherwise scheduled election occurring not
less than five weeks later. If an instant runoff
election process is enacted for the offices enumer-
ated in this Section, that process shall apply to
any election required by this Section. (Added
November 2001)

SEC. 13.102. INSTANT RUNOFF
ELECTIONS.

(a) For the purposes of this section: (1) a
candidate shall be deemed "continuing" if the
candidate has not been eliminated; (2) a ballot
shall be deemed "continuing" if it is not ex-
hausted; and (3) a ballot shall be deemed "ex-
hausted," and not counted in further stages of
the tabulation, if all of the choices have been
eliminated or there are no more choices indi-
cated on the ballot. If a ranked-choice ballot
gives equal rank to two or more candidates, the
ballot shall be declared exhausted when such
multiple rankings are reached. If a voter casts a
ranked-choice ballot but skips a rank, the voter s
vote shall be transferred to that voters next
ranked choice.

(b) The Mayor, Sheriff, District Attorney,
City Attorney, Treasurer, Assessor-Recorder, Pub-
lic Defender, and members of the Board of Su-
pervisors shall be elected using a ranked-choice.

or "instant runoff," ballot. The ballot shall allow
voters to rank a number of choices in order of
preference equal to the total number of candi-
dates for each office; provided, however, if the
voting system, vote tabulation system or similar
or related equipment used by the City and County
cannot feasibly accommodate choices equal to
the total number of candidates running for each
office, then the Director of Elections may limit
the number of choices a voter may rank to no
fewer than three. The ballot shall in no way
interfere with a voter s ability to cast a vote for a
write-in candidate.

(c) If a candidate receives a majority of the
first choices, that candidate shall be declared
elected. If no candidate receives a majority, the
candidate who received the fewest first choices
shall be eliminated and each vote cast for that
candidate shall be transferred to the next ranked
candidate on that voters ballot. If, after this
transfer of votes, any candidate has a majority of
the votes from the continuing ballots, that can-
didate shall be declared elected.

(d) If no candidate receives a majority of
votes from the continuing ballots after a candi-
date has been eliminated and his or her votes
have been transferred to the next-ranked candi-
date, the continuing candidate with the fewest
votes from the continuing ballots shall be elimi-
nated. All votes cast for that candidate shall be
transferred to the next-ranked continuing candi-
date on each voter s ballot. This process of elimi-
nating candidates and transferring their votes to
the next-ranked continuing candidates shall be
repeated until a candidate receives a majority of
the votes from the continuing ballots.

(e) If the total number of votes of the two or
more candidates credited with the lowest num-
ber of votes is less than the number of votes
credited to the candidate with the next highest
number of votes, those candidates with the low-
est number of votes shall be eliminated simulta-
neously and their votes transferred to the next-
ranked continuing candidate on each ballot in a
single comiting operation.

(f) A tie between two or more candidates
shall be resolved in accordance with State law.

Supp. No. 1, September 2006

209

Elections

Sec. 13.103.5.

(g) The Department of Elections shall con-
duct a voter education campaign to familiarize
voters with the ranked-choice or, "instant run-
off," method of voting.

(h) Any voting system, vote tabulation sys-
tem, or similar or related equipment acquired by
the City and County shall have the capability to
accommodate this system of ranked-choice, or
"instant runoff," balloting.

(i) Ranked choice, or "instant runoff," bal-
loting shall be used for the general municipal
election in November 2002 and all subsequent
elections. If the Director of Elections certifies to
the Board of Supervisors and the Mayor no later
than July 1, 2002 that the Department will not
be ready to implement ranked-choice balloting in
November 2002, then the City shall begin using
ranked-choice, or "instant runoff," balloting at
the November 2003 general municipal election.

If ranked-choice, or "instant runoff," ballot-
ing is not used in November of 202, and no
candidate for any elective office of the City and
County, except the Board of Education and the
Governing Board of the Community College Dis-
trict, receives a majority of the votes cast at an
election for such office, the two candidates receiv-
ing the most votes shall qualify to have their
names placed on the ballot for a runoff election
held on the second Tuesday in December of 2002.
(Added March 2002) (Former Section 13.102
added November 1996; repealed March 2002)

SEC. 13.103. SPECIAL MUNICIPAL
ELECTIONS.

Special municipal elections may be called in
accordance with state laws.

The date of any special municipal election
shall be fixed by the Board of Supervisors not
less than 105 nor more than 120 days from the
date of calling such election; however, no special
municipal election shall be held within 105 days
of any general municipal or statewide election.
The Board of Supervisors may consolidate a
special municipal election with a general munici-
pal or statewide election.

The Board of Supervisors shall maintain a
fund sufficient to pay all costs and expenses of

the City and County with respect to a special
municipal election, and such fund shall be used
solely to pay the costs of such an election. Upon
pajrment of any such costs or expenses, an ap-
propriation shall be made in the next succeeding
annual appropriations ordinance sufficient to
reimburse the fund.

SEC. 13.103.5. ELECTIONS
COMMISSION.

An Elections Commission shall be estab-
lished to oversee all public federal, state, district
and municipal elections in the City and County.
The Commission shall set general policies for the
Department of Elections and shall be responsible
for the proper administration of the general
practices of the Department, subject to the bud-
getary and fiscal provisions of this Charter. These
duties shall include but not be limited to approv-
ing written plans prior to each election, submit-
ted by the Director of Elections, detailing the
policies, procedures, and personnel that will be
used to conduct the election as well as an assess-
ment of how well the plan succeeded in carrjdng
out a free, fair and functional election.

The Commission shall consist of seven mem-
bers who shall serve five-year terms. No person
appointed as a Commission member may serve
as such for more than two successive five-year
terms. Any person appointed as a Commission
member to complete more than two and one half
years of a five-year term shall be deemed, for the
purpose of this section, to have served one full
term. No person having served two successive
five-year terms may serve as a Commission
member until at least five years after the expi-
ration of the second successive term in office.
Any Commission member who resigns with less
than two and one half years remaining until the
expiration of the term shall be deemed, for the
purposes of this section, to have served a full
five-year term.

The Mayor, the Board of Supervisors, the
City Attorney, the Public Defender, the District
Attorney, the Treasurer, and the Board of Edu-
cation of the San Francisco Unified School Dis-
trict each shall appoint one member of the Com-
mission. The member appointed by the Mayor

Sec. 13.103.5.

San Francisco - Charter

210

shall have a background in the electoral process.
The member appointed by the City Attorney
shall have a background in elections law. The
member appointed by the Treasurer shall have a
background in financial management. The mem-
bers appointed by the District Attorney, Public
Defender, the Board of Education of the San
Francisco Unified School District, and the Board
of Supervisors shall be broadly representative of
the general public. In the event a vacancy occurs,
the appointing authority who appointed the mem-
ber vacating the office shall appoint a qualified
person to complete the remainder of the term. All
members initially appointed to the Election Com-
mission shall take office on the first day of
January, 2002.

The initial terms of Commission members
shall expire according to the following guide-
lines: the term of the members appointed by the
Mayor and the Board of Education of the San
Francisco Unified School District shall expire on
January 1, 2003; the term of the members ap-
pointed by the Board of Supervisors and the
Treasurer shall expire on January 1 2004; the
term of the member appointed by the City Attor-
ney shall expire January 1, 2005; the term of the
member appointed by the Public Defender shall
expire January 1, 2006; and the term of the
member appointed by the District Attorney shall
expire January 1, 2007.

Members of the Commission shall serve with-
out compensation. Members of the Commission
shall be officers of the City and County, and may
be removed by the appointing authority only
pursuant to Section 15.105. During his or her
tenure, members and employees of the Elections
Commission are subject to the following restric-
tions:

(a) Restrictions on Holding Office. No mem-
ber or employee of the Elections Commission
may hold any other City or County office or be an
officer of a political party.

(b) Restrictions on Employment. No mem-
ber or employee of the Elections Commission
may be a registered campaign consultant or
registered lobb3dst, or be employed by or receive
gifts or other compensation from a registered

campaign consultant or registered lobbyist. No
member of the Elections Commission may hold
any employment with the City and County and
no employee of the Elections Commission may
hold any other emplojmient with the City and
County.

(c) Restrictions on Political Activities. No
member or employee of the Elections Commis-
sion may participate in any campaign support-
ing or opposing a candidate or ballot measure
that will appear on the San Francisco ballot,
other than candidates seeking election to federal
or statewide office. For purposes of this section,
participation in a campaign includes but is not
limited to making contributions or soliciting con-
tributions to any committee, including general
purpose committees; publicly endorsing or urg-
ing endorsement of any candidate or ballot mea-
sure; or participating in decisions by organiza-
tions to participate in a campaign.

If a person appointed to the Elections Com-
mission is, at the time of appointment, an officer
or employee, as prohibited by this section, that
person shall be eligible to serve on the Elections
Commission only if he or she resigns from his or
her office or employment within thirty days of
appointment. (Added November 2001; amended
November 2002)

SEC. 13.104. DEPARTMENT OF
ELECTIONS.

A Department of Elections shall be estab-
lished to conduct all public federal, state, district
and municipal elections in the City and County.
The department shall be administered by the
Director of Elections, who shall be vested with
the day-to-day conduct and management of the
Department and of voter registration and mat-
ters pertaining to elections in the City and County.
The Director shall report to the Elections Com-
mission.

For purposes of this section, the conduct of
elections shall include, but not be limited to:
voter registration; the nomination and filing
process for candidates to City and County offices;
the preparation and distribution of voter infor-
mation materials; ballots, precinct operations

211

Elections

Sec. 13.104.5.

and vote count; the prevention of fraud in such
elections; and the recount of ballots in cases of
challenge or fraud.

The Director shall be appointed by the Elec-
tions Commission from a list of qualified appli-
cants provided pursuant to the civil service pro-
visions of this Charter. The Director shall serve a
five-year term, during which he or she may be
removed by the Elections Commission for cause,
upon written charges and following a hearing.
The Elections Commission shall present the writ-
ten charges to the Director no less than thirty
days before the hearing. If the Elections Com-
mission votes to remove the Director, he or she
shall have the right to appeal to the Civil Service
Commission. On appeal, the Civil Service Com-
mission shall be limited to consideration of the
record before the Elections Commission; how-
ever, the Civil Service Commission may indepen-
dently evaluate and weigh evidence and may in
its discretion consider evidence proffered to the
Elections Commission that the Commission ex-
cluded and may in its discretion exclude evi-
dence that the Elections Commission considered.
The term of the Director shall expire five years
after his or her appointment. No less than thirty
days before the expiration of the Director's term,
the Elections Commission shall appoint a Direc-
tor for the next term, who may but need not be
the incumbent Director. Subject to the civil ser-
vice provisions of this Charter, the Director shall
have the power to appoint and remove other
employees of the Department of Elections.

In addition to any other conflict of interest
provisions applicable to City employees, the Di-
rector of Elections and all other employees of the
Department of Elections shall be subject to the
conflict-of-interest provisions in Section 13.103.5.
The Elections Commission, may upon the recom-
mendation of the Director of Elections and a
finding that the Department will not have ad-
equate staffing to conduct an election, request
from the Board of Supervisors a waiver of the
conflict-of-interest provisions in Section 13.103.5
for employees working no more than thirty days
in a single calendar year. The Board of Supervi-
sors shall approve or deny such requests from
the Elections Commission by motion. (Amended
November 2001)

SEC. 13.104.5. USE OF OTHER CITY
EMPLOYEES AND OFFICERS.

Except as provided below, no City employee
or officer, other than the Director of Elections, an
appointee of the Director of Elections or a mem-
ber of the Elections Commission, may in any
capacity perform any function relating to the
conduct of an election that this Charter places
under the Department of Elections. This section
prohibits City personnel from providing to the
Department of Elections services that are unique
to that department. This section does not pro-
hibit City personnel from providing to the De-
partment of Elections ordinary services that are
unrelated to the conduct of an election and that
are indistinguishable from services performed
for other City departments. These general sup-
port services include, but are not limited to,
services relating to human resources, personnel
processing, payroll, workers compensation, bud-
geting, accounting, procurement, contracting, and
the maintenance of telephone and voice mail
systems. The Elections Commission may, upon
the recommendation of the Director of Elections
request from the Board of Supervisors a waiver
of this prohibition so as to allow City employees
and officers to assist the Department of Elec-
tions. The Board of Supervisors shall approve or
deny such requests from the Elections Commis-
sion by motion.

The City Attorney shall serve as legal counsel
to the Elections Commission and the Depart-
ment of Elections. The Commission may, by a
majority vote of its members, hire outside legal
counsel to advise the Commission and the De-
partment on matters that directly involve the
election or campaign of the City Attorney, if the
City Attorney is standing for election. All outside
legal counsel hired pursuant to this Section shall
be a member in good standing of the California
State Bar. In selecting outside legal counsel, the
Commission shall give preference to engaging
the services of a City attorney's office, a County
counsel's office or other public entity law office
with an expertise regarding the subject-matter
jurisdiction of the Elections Commission. In the
event that the Commission concludes that pri-
vate counsel is necessary, it may, by a majority

Sec. 13.104.5.

San Francisco - Charter

212

vote, engage the services of a private attorney
who has at least five years' experience in the
subject-matter jurisdiction of the Elections Com-
mission. Any private counsel retained pursuant
to this Section shall be subject to the conflict of
interest provisions of Section 13.103.5. Any con-
tract for outside legal counsel authorized by this
section shall be paid for by the Commission and
shall be subject to the budgetary and fiscal
provisions of this charter.

The Sheriff shall be responsible for transport-
ing all voted ballots and all other documents or
devices used to record votes from the polls to the
central counting location and approving a secu-
rity plan for the ballots until the certification of
election results. This requirement shall not be-
come operative following its adoption until the
Sheriff has completed meeting and conferring
required by state law. The Elections Commission
shall send a copy of the approved transportation
and security plan to the Board of Supervisors.

The Director of Elections shall develop and
submit for the approval of the Elections Commis-
sion an alternative transportation and security
plan if an incumbent sheriff is running for elec-
tion or if there is a measure on the San Francisco
ballot that would have a material, financial
effect on the Sheriff or the uniformed personnel
of the Sheriffs department as determined by the
Ethics Commission. The Director of Elections
shall invite the Secretary of State to comment on
any alternative transportation and security plan.
The Elections Commission shall send a copy of
the approved alternative transportation and se-
curity plan to the Board of Supervisors. The
Board of Supervisors shall have the authority to
enter into any contracts or take whatever actions
are necessary to meet the alternative security
requirements of this section. (Added November
2001; amended November 2002)

SEC. 13.105. NOMINATION.

The City and County shall follow the nomi-
nation provisions for municipal elective offices in
accordance with state laws, except as provided
for by ordinance or this Charter,

SEC. 13.106. QUALIFICATION.

Each candidate for an elective office of the
City and County shall be a resident of the City
and County and an elector at the time that
nomination papers are issued to the candidate,
and each elected officer shall continue to be an
elector during the term of the office.

SEC. 13.107. ELECTION MATERIAL
MAILED TO VOTERS.

The Board of Supervisors shall, by ordinance,
provide for the format of a voters' pamphlet
including a sample ballot, candidates' state-
ments, Hsts of sponsors, arguments for and against
each ballot measure, any financial impact state-
ments prepared by the Controller, and argu-
ments for and against the recall of any officers.
The voters' pamphlet shall be mailed to each
elector so as to be received at least ten days prior
to each general, runoff or special municipal elec-
tion.

SEC. 13.107.5. POSTING OF BALLOT
COUNTS AT POLLS.

After the closing of the polls, each precinct
board shall cause to be posted outside of each
polling place an accounting that includes the
number of ballots delivered to that precinct board
and the number of voted ballots, unused ballots,
spoiled ballots, cancelled ballots, absentee bal-
lots and provisional ballots returned to the De-
partment of Elections by the precinct board at
any time on election day. After the closing of the
polls, each precinct board shall also post outside
each polling place any computer record indicat-
ing the number of ballots cast for each candidate
and for or against each ballot measure. (Added
November 2001)

SEC. 13.108. DETERMINATION OF
ELECTION RESULTS.

The canvass of votes cast, and certification of
elections shall be as prescribed by law. If a
person elected fails to qualify or for any reason
does not take office, the office shall be filled in
the manner prescribed by state law for the filling
of a vacancy in such office.

213

Elections

Sec. 13.110.

SEC. 13.109. FILING FEES.

The amount of fees to be charged for candi-
date filings, candidate statements, paid argu-
ments and any other fees to be collected in the
conduct of elections shall be proposed by the
Director of Elections for approval by the Board of
Supervisors on or before the second Monday in
December immediately prior to the election in
which the fees apply.

Signatures of registered voters in the City
and County may be submitted in lieu of any
filing fee. At the same time the Board of Super-
visors approves the schedule of fees for the
election, the Director of Elections, with the ap-
proval of the Board of Supervisors, shall estab-
lish the dollar value equivalent of each valid
signature submitted.

SEC. 13.110. ELECTION OF
SUPERVISORS.

(a) The members of the board of supervisors
shall be elected by district as set forth in this
section.

(b) The City and County shall be divided
into 11 supervisorial districts as set forth in this
section. Beginning with the general municipal
election in 2000, and until new districts are
established pursuant to this section, these dis-
tricts shall be used for the election or recall of the
members of the board of supervisors, and for
filling any vacancy in the office of member of the
board of supervisors by appointment. Once new
districts are established, those districts shall be
used for the same purposes. No change in the
boundary or location of any district shall operate
to abolish or terminate the term of office of any
member of the board of supervisors prior to the
expiration of the term of office for which such
member was elected or appointed.

(d) Within 60 days following publication of
the decennial federal census in the year 2000
and every decennial federal census after that,
the Director of Elections shall report to the
Board of Supervisors on whether the existing

districts continue to meet the requirements of
federal and state law and the criteria for draw-
ing districts lines set in the Charter.

The criteria for drawing districts lines are:

Districts must conform to all legal require-
ments, including the requirement that they be
equal in population. Population variations be-
tween districts should be limited to 1 percent
from the statistical mean unless additional varia-
tions, limited to 5 percent of the statistical mean,
are necessary to prevent dividing or diluting the
voting power of minorities and/or to keep recog-
nized neighborhoods intact; provided, however,
that the redistricting provided for herein shall
conform to the rule of one person, one vote, and
shall reflect communities of interest within the
City and County. Census data, at the census
block level, as released by the United States
Census Bureau, statistically adjusted by the
Bureau to correct the unadjusted census counts
for any measured undercount or overcount of
any subset of the population according to the
bureau's Accuracy and Coverage Evaluation or
other sampling method, shall be used in any
analysis of population requirements and appli-
cation of the rule of one person one vote. In the
event such adjusted census data, at the census
block level, are not released by the Bureau,
population data, at the census block level, ad-
justed by the California Department of Finance
for any measured undercount or overcount maybe
used.

If it is determined that the districts are in
compliance with all legal requirements, includ-
ing the requirement that they be equal in popu-
lation, the current districts as drawn will be
valid for the next decade. If it is determined that
any of the districts are not in compliance, the
Board of Supervisors by ordinance shall convene
and fund a nine-member elections task force.
Three members shall be appointed by the Board
of Supervisors, three members shall be ap-
pointed by the Mayor, and three members shall
be appointed by the Director of Elections unless
an Elections Commission is created in which
case the appointments designated to the Direc-
tor of Elections shall be made by the Elections

Sec. 13.110.

San Francisco - Charter

214

Commission. Task Force shall be appointed by
January 8, 2002 and following the publication of
each decennial federal census thereafter, shall be
appointed within sixty days after issuance of a
report by the Director of Elections to the Board of
Supervisors that the districts are not in compli-
ance, pursuant to this subsection.

Members of the Task Force previously ap-
pointed by the Director of Elections shall serve
on the Task Force until the Elections Commis-
sion, if established, appoints three members to
the Task Force, whereupon the terms of the
members appointed by the Director of Elections
shall expire.

The Director of Elections shall serve ex officio
as a non-voting member. The task force shall be
responsible for redrawing the district lines in
accordance with the law and the criteria estab-
lished in this Section, and shall make such
adjustments as appropriate based on public in-
put at public hearings.

The Task Force shall complete redrawing
district lines before the fifteenth day of April of
the year in which the first election using the
redrawn lines will be conducted. The Board of
Supervisors may not revise the district bound-
aries established by the Task Force. The Board of
Supervisors may not revise the district bound-
aries established by the Task Force.

If the Task Force determines that the ad-
justed population data to which this subsection
refers are not available a sufficient period of time
before the fifteenth day of April in order to use
the adjusted population data in redrawing the
district lines for the following supervisorial elec-
tion, and the adjusted population data demon-
strate more than a five percent variance from the
figures used in redrawing the district lines for
the [sic] that supervisorial election, the Task
Force shall by the fifteenth day of April immedi-
ately preceding the next supervisorial election
redraw the district lines for that supervisorial
election in accordance with the provisions of this
section. The procedures for redrawing superviso-
rial lines following the publication of every sub-
sequent decennial federal census shall follow the
procedures established by this Section.

The City Attorney shall remove the descrip-
tion of district lines found in this subsection fi-om
the Charter after the Elections Task Force has
completed redrawing the district lines as set
forth above. Following each redrawing of the
district lines thereafter, the City Attorney shall
cause the redrawn district lines to be published
in an appendix to this Charter.

(e) Each member of the board of supervi-
sors, commencing with the general municipal
election in November, 2000, shall be elected by
the electors within a supervisorial district, and
must have resided in the district in which he or
she is elected for a period of not less than 30 days
immediately preceding the date he or she files a
declaration of candidacy for the office of supervi-
sor, and must continue to reside therein during
his or her incumbency, and upon ceasing to be
such resident shall be removed from office.

(f) Notwithstanding any provisions of this
section or any other section of the charter to the
contrary, the respective terms of office of the
members of the board of supervisors who shall
hold office on the eighth day of January, 2001,
shall expire at 12 o'clock noon on said date and
the 11 persons elected as members of the board of
supervisors at the general election in 2000 shall
succeed to said offices on said eighth day of
January, 2001. At that time, the clerk of the
board of supervisors shall determine by lot
whether the supervisors elected fi"om the even-
or odd-numbered supervisorial districts at the
general municipal election in 2000 shall have
terms of office expiring at noon on the eighth day
of January, 2003, and which shall have terms of
office expiring at noon on the eighth day of
January, 2005; commencing, however, with the
general municipal election in November, 2002,
the terms of office of the supervisors elected fi'om
the even- or odd-numbered supervisorial dis-
tricts, as the case may be, shall be for a term of
four years and shall continue as such thereafter.
Those members of the board of supervisors elected
at the general election in 1998, and those elected
at the general election in 2000 who only serve an
initial two-year term, shall not be deemed to
have served a full term for purposes of the term

215 Elections Sec. 13.110.

limit established in Section 2.101. (Added No-
vember 1996; amended November 1999; Novem-
ber 2001)
Editor's Note:

Charter Section 13.100(c) originally contained bound-
aries and descriptions of the eleven supervisorial dis-
tricts of the City and County of San Francisco. Charter
Section 13.100(d) requires that once new district lines
are drawn, those descriptions are to be removed and the
new lines published in an appendix to this Charter. For
the current district boundaries and descriptions, please
see Appendix E of this Charter

San Francisco - Charter 216

[The next page is 231]

ARTICLE XIV: INITIATIVE, REFERENDUM AND RECALL

Sec. 14.100.

Sec. 14.101.

Sec. 14.102.

Sec. 14.103.

Sec. 14.104.

General.

Initiatives.

Legislative Referendum.

Recall.

Petitions — ^Withdrawal of

Signatures

SEC. 14.100. GENERAL.

Except as otherwise provided in this Article,
the voters of the City and County shall have the
power to enact initiatives and the power to
nullify acts or measures involving legislative
matters by referendum.

SEC. 14.101. INITIATIVES.

An initiative may be proposed by presenting
to the Director of Elections a petition containing
the initiative and signed by voters in a number
equal to at least five percent of the votes cast for
all candidates for mayor in the last preceding
general municipal election for Mayor. Such ini-
tiative shall be submitted to the voters by the
Director of Elections upon certification of the
sufficiency of the petition's signatures.

A vote on such initiative shall occur at the
next general municipal or statewide election
occurring at any time after 90 days from the date
of the certificate of sufficiency executed by the
Director of Elections, unless the Board of Super-
visors directs that the initiative be voted upon at
a special municipal election.

If the petition containing the initiative is
signed by voters in a number equal to at least ten
percent of the votes cast for all candidates for
Mayor in the last preceding general municipal
election for Mayor, and contains a request that
the initiative be submitted forthwith to voters at
a special municipal election, the Director of Elec-
tions shall promptly call such a special munici-
pal election on the initiative. Such election shall
be held not less than 105 nor more than 120 days
from the date of its calling unless it is within 105

days of a general municipal or statewide elec-
tion, in which event the initiative shall be sub-
mitted at such general municipal or statewide
election.

No initiative or declaration of policy ap-
proved by the voters shall be subject to veto, or to
amendment or repeal except by the voters, un-
less such initiative or declaration of policy shall
otherwise provide.

SEC. 14.102. LEGISLATIVE
REFERENDUM.

Prior to the effective date of an ordinance, a
referendum on that ordinance may be proposed
by filing with the Board of Supervisors a petition
protesting the passage of that ordinance. Such
petition shall be signed by voters in a number
equal to at least ten percent, or in the case of an
ordinance granting any franchise, at least five
percent, of the votes cast for all candidates for
Mayor in the last preceding general municipal
election for Mayor.

Such ordinance shall then be suspended from
becoming effective. The Board of Supervisors
shall reconsider the ordinance. If it is not en-
tirely repealed, the Board of Supervisors shall
submit the ordinance to the voters at the next
general municipal or statewide election or at a
special municipal election. Such ordinance shall
not become effective until approved by voters at
such an election.

SEC. 14.103. RECALL.

An elected official of the City and County, the
City Administrator, the Controller, or any mem-
ber of the Airports Commission, the Board of
Education, the governing board of the Commu-
nity College District, the Ethics Commission or
the Public Utilities Commission may be recalled
by the voters as provided by this Charter and by
the laws of the State of California, except that no

231

Sec. 14.103. San Francisco - Charter 232

recall petitions shall be initiated with respect to
any officer who has held office for less than six
months.

A recall petition shall include the signatures
of voters in a number equal to at least ten
percent of registered voters of the City and
County at time of the filing of the notice of
intention to circulate the recall petitions. A recall
petition for a member of the Board of Supervi-
sors shall include signatures of voters from the
district from which the Supervisor was elected in
a number equal to at least ten percent of the
registered voters of the district at the time of the
filing of the notice of intention to circulate the
recall petition. A recall petition shall state the
grounds on which the recall is based.

Upon certifying the sufficiency of the recall
petition's signatures, the Director of Elections
shall immediately call a special municipal elec-
tion on the recall, to be held not less than 105 nor
more than 120 days from the date of its calling
unless it is within 105 days of a general munici-
pal or statewide election, in which event the
recall shall be submitted at such general munici-
pal or statewide election. (Amended November
1996)

SEC. 14.104. PETITIONS— WITHDRAWAL
OF SIGNATURES.

A person signing a petition for initiative,
referendum or recall may withdraw his or her
name from such petition by filing with the Direc-
tor of Elections a verified revocation of that
signature prior to the filing of such petition
itself.

[The next page is 243]

ARTICLE XV: ETHICS

Sec. 15.100. Ethics Commission.
Sec. 15.101. Executive Director and
Commission Staff.

Sec. 15.102. Rules and Regulations.
Sec. 15.103. Conflict of Interest.
Sec. 15.105. Suspension and Removal.
Sec. 15.107. Reporting of Campaign
Financing.

SEC. 15.100. ETHICS COMMISSION.

The Ethics Commission shall consist of five
members who shall serve six-year terms; pro-
vided that the first five commissioners to be
appointed to take office on the first day of Feb-
ruary, 2002 shall by lot classify their terms so
that the term of one commissioner shall expire at
12:00 o'clock noon on each of the second, third,
fourth, fifth and sixth anniversaries of such date,
respectively; and, on the expiration of these and
successive terms of office, the appointments shall
be made for six-year terms.

The Mayor, the Board of Supervisors, the
City Attorney, the District Attorney and the
Assessor each shall appoint one member of the
Commission. The member appointed by the Mayor
shall have a background in public information
and public meetings. The member appointed by
the City Attorney shall have a background in law
as it relates to government ethics. The member
appointed by the Assessor shall have a back-
ground in campaign finance. The members ap-
pointed by the District Attorney and Board of
Supervisors shall be broadly representative of
the general public.

In the event a vacancy occurs, the officer who
appointed the member vacating the office shall
appoint a qualified person to complete the re-
mainder of the term. Members of the Commis-
sion shall serve without compensation. Members
of the Commission shall be officers of the City
and County, and may be removed by the appoint-
ing authority only pursuant to Section 15.105.

No person may serve more than one six-year
term as a member of the Commission, provided
that persons appointed to fill a vacancy for an
unexpired term with less than three years re-
maining or appointed to an initial term of three
or fewer years shall be eligible to be appointed to
one additional six-year term. Any term served
before the effective date of this Section shall not
count toward a member's term limit. Any person
who completes a term as a Commissioner shall
be eligible for reappointment six years after the
expiration of his or her term. Notwithstanding
any provisions of this Section or any other sec-
tion of the Charter to the contrary, the respective
terms of office of the members of the Commission
who shall hold office on the first day of February,
2002, shall expire at 12 o'clock noon on said date,
and the five persons appointed as members of
the Commission as provided in this Section shall
succeed to said offices on said first day of Febru-
ary, 2002, at 12 o'clock noon; provided that if any
appointing authority has not made a new ap-
pointment by such date, the sitting member
shall continue to serve until replaced the new
appointee.

During his or her tenure, members and em-
ployees of the Ethics Commission are subject to
the following restrictions:

(a) Restrictions on Holding Office. No mem-
ber or employee of the Ethics Commission may
hold any other City or County office or be an
officer of a political party.

(b) Restrictions on Emplojnnent. No mem-
ber or employee of the Ethics Commission may
be a registered lobbyist or campaign consultant,
or be employed by or receive gifts or other
compensation from a registered lobbyist or cam-
paign consultant. No member of the Ethics Com-
mission may hold employment with the City and
County and no employee of the Commission may
hold any other emplojnnent with the City and
Coimty.

243

Sec. 15.100.

San Francisco - Charter

244

(c) Restrictions on Political Activities. No
member or employee of the Ethics Commission
may participate in any campaign supporting or
opposing a candidate for City elective office, a
City ballot measure, or a City officer running for
any elective office. For the purposes of this
section, participation in a campaign includes but
is not limited to making contributions or solicit-
ing contributions to any committee within the
Ethics Commission's jurisdiction, publicly endors-
ing or urging endorsement of a candidate or
ballot measure, or participating in decisions by
organizations to participate in a campaign.

The Commission may subpoena witnesses,
compel their attendance and testimony, admin-
ister oaths and affirmations, take evidence and
require by subpoena the production of any books,
papers, records or other items material to the
performance of the Commission's duties or exer-
cise of its powers. (Amended November 2001;
November 2002; November 2003)

SEC. 15.101. EXECUTIVE DIRECTOR
AND COMMISSION STAFF.

The Commission shall appoint and may re-
move an Executive Director. The Executive Di-
rector shall have a background in campaign
finance, public information and public meetings
and the law as it relates to governmental ethics.
The Executive Director shall be the chief execu-
tive of the department and shall have all the
powers provided for department heads. Subject
to the civil service provisions of this Charter, the
Executive Director shall have the power to ap-
point and remove other employees of the Com-
mission. In addition to any other conflict of
interest provisions applicable to City employees,
the Executive Director and all other employees
of the Commission shall be subject to the conflict
of interest provisions in Section 15.100, except
that the post-emplo3rment restrictions contained
therein shall apply only to the Executive Direc-
tor and management-level employees. (Amended
November 2001)

SEC. 15.102. RULES AND
REGULATIONS.

The Commission may adopt, amend and re-
scind rules and regulations consistent with and

related to carrying out the purposes and provi-
sions of this Charter and ordinances related to
campaign finances, conflicts of interest, lobby-
ing, campaign consultants and governmental
ethics and to govern procedures of the Commis-
sion. In addition, the Commission may adopt
rules and regulations relating to carrying out the
purposes and provisions of ordinances regarding
open meetings and public records. The Commis-
sion shall transmit to the Board of Supervisors
rules and regulations adopted by the Commis-
sion within 24 hours of their adoption. A rule or
regulation adopted by the Commission shall be-
come effective 60 days after the date of its
adoption unless before the expiration of this 60-
day period two-thirds of all members of the
Board of Supervisors vote to veto the rule or
regulation.

The City Attorney shall be the legal advisor
of the Commission.

Any ordinance which the Supervisors Eire
empowered to pass relating to confficts of inter-
est, campaign finance, lobbying, campaign con-
sultants or governmental ethics may be submit-
ted to the electors at the next succeeding general
election by the Ethics Commission by a four-
fifths vote of all its members. (Amended Novem-
ber 2001)

SEC. 15.103. CONFLICT OF INTEREST.

Public office is a public trust and all officers
and employees of the City and County shall
exercise their public duties in a manner consis-
tent with this trust. The City may adopt conflict
of interest and governmental ethics laws to imple-
ment this provision and to prescribe penalties in
addition to discipline and removal authorized in
this Charter. All officers and employees of the
City and County shall be subject to such conflict
of interest and governmental ethics laws and the
penalties prescribed by such laws. (Amended
November 2003)

SEC. 15.104.

(Repealed November 2003)

SEC. 15.105. SUSPENSION AND
REMOVAL.

(a) ELECTIVE AND CERTAIN APPOINTED
OFFICERS. Any elective officer, and any mem-
ber of the Airport Commission, Asian Art Com-

245

Ethics

Sec. 15.105.

mission, Civil Service Commission, Commission
on the Status of Women, Golden Gate Concourse
Authority Board of Directors, Health Commis-
sion, Human Services Commission, Juvenile Pro-
bation Commission, Municipal Transportation
Agency Board of Directors, Port Commission,
Public Utilities Commission, Recreation and Park
Com-mission, Fine Arts Museums Board of Trust-
ees, Taxi Commission, War Memorial and Per-
forming Art Center Board of Trustees, Board of
Education or Community College Board is sub-
ject to suspension and removal for official mis-
conduct as provided in this section. Such officer
may be suspended by the Mayor and the Mayor
shall appoint a qualified person to discharge the
duties of the office during the period of suspen-
sion. Upon such suspension, the Mayor shall
immediately notify the Ethics Commission and
Board of Supervisors thereof in writing and the
cause thereof, and shall present written charges
against such suspended officer to the Ethics
Commission and Board of Supervisors at or prior
to their next regular meetings following such
suspension, and shall immediately furnish a
copy of the same to such officer, who shall have
the right to appear with counsel before the
Ethics Commission in his or her defense. The
Ethics Commission shall hold a hearing not less
than five days after the filing of written charges.
After the hearing, the Ethics Commission shall
transmit the full record of the hearing to the
Board of Supervisors with a recommendation as
to whether the charges should be sustained. If,
after reviewing the complete record, the charges
are sustained by not less than a three-fourths
vote of all members of the Board of Supervisors,
the suspended officer shall be removed from
office; if not so sustained, or if not acted on by the
Board of Supervisors within 30 days after the
receipt of the record from the Ethics Commis-
sion, the suspended officer shall thereby be rein-
stated.

(b) BUILDING INSPECTION COMMIS-
SION, PLANNING COMMISSION, BOARD OF
APPEALS, ELECTIONS COMMISSION, ETH-
ICS COMMISSION, AND ENTERTAINMENT
COMMISSION. Members of the Building Inspec-
tion Commission, the Planning Commission, the

Board of Appeals, the Elections Commission, the
Ethics Commission, and the Entertainment Com-
mission may be suspended and removed pursu-
ant to the provisions of subsection (a) of this
section except that the Mayor may initiate re-
moval only of the Mayor's appointees and the
appointing authority shall act in place of the
Mayor for all other appointees.

(1) Officers Enumerated in Subsections (a)
and (b).

(A) An appointing authority must immedi-
ately remove from office any official enumerated
in subsections (a) or (b) upon:

(i) a court's final conviction of that official of
a felony crime involving moral turpitude; and

(ii) a determination made by the Ethics
Commission, after a hearing, that the crime for
which the official was convicted warrants re-
moval.

(B) For the purposes of this subsection, the
Mayor shall act as the appointing authority for
any elective official.

(2) Other Officers and Employees.

(A) At will appointees. Officers and employ-
ees who hold their positions at the pleasure of
their appointing authority must be removed upon:

(i) a final conviction of a felony crime involv-
ing moral turpitude; and

(ii) a determination made by the Ethics
Commission, after a hearing, that the crime for
which the appointee was convicted warrants
removal.

(B) For cause appointees. Officers and em-
ployees who by law may be removed only for
cause must be removed upon:

(i) a final conviction of a felony crime involv-
ing moral turpitude; and

Sec. 15.105.

San Francisco - Charter

246

(ii) a determination made by the Ethics
Commission, after a hearing, that the crime for
which the appointee was convicted warrants
removal.

(3) Penalty for Failure to Remove. Failure
to remove an appointee as required under this
subsection shall be official misconduct.

(d) DISQUALIFICATION.

(1) (A) Any person who has been removed
from any federal, state. County or City office or
employment upon a final conviction of a felony
crime involving moral turpitude shall be ineli-
gible for election or appointment to City office or
employment for a period of ten years after re-
moval.

(B) Any person removed from any federal,
state. County or City office or employment for
official misconduct shall be ineligible for election
or appointment to City office or emplo3nnent for
a period of five years after removal.

(2) (A) Any City department head, board,
commission or other appointing authority that
removes a City officer or employee from office or
emplojrment on the grounds of official miscon-
duct must invoke the disqualification provision
in subsection (d)(1)(B) and provide notice of such
disqualification in writing to the City officer or
employee.

(B) Upon the request of any former City
officer or employee, the Ethics Commission may,
after a public hearing, overturn the application
of the disqualification provision of subsection
(d)(1)(B) if: (i) the decision that the former officer
or employee engaged in official misconduct was
not made after a hearing by a court, the Board of
Supervisors, the Ethics Commission, an admin-
istrative body, an administrative hearing officer,
or a labor arbitrator; and (ii) if the officer or
employee does not have the right to appeal his or
her restriction on holding future office or employ-
ment to the San Francisco Civil Service Commis-
sion.

(e) OFFICIAL MISCONDUCT. Official mis-
conduct means any wrongful behavior by a pub-
lic officer in relation to the duties of his or her
office, willful in its character, including any
failure, refusal or neglect of an officer to perform

any duty enjoined on him or her by law, or
conduct that falls below the standard of decency,
good faith and right action impliedly required of
all public officers and including any violation of a
specific conflict of interest or governmental eth-
ics law. When any City law provides that a
violation of the law constitutes or is deemed
official misconduct, the conduct is covered by
this definition and may subject the person to
discipline and/or removal from office. (Amended
November 2001; March 2002; November 2003)

SEC. 15.106.

(Repealed November 2003)

SEC. 15.107. REPORTING OF
CAMPAIGN FINANCING.

The Board of Supervisors shall, by ordinance,
prescribe requirements for campaign contribu-
tions and expenditures and any limitations
thereon with respect to candidates for elective
office and ballot measures in the City and County.

SEC. 15.108.

(Repealed November 2003)

[The next page is 255]

ARTICLE XVI: MISCELLANEOUS PROVISIONS

Sec. 16.100.

Sec. 16.101.

Sec. 16.102.

Sec. 16.103.

Sec. 16.104.

Sec. 16.105.

Sec. 16.106.

Sec. 16.107.

Sec. 16.108.

Sec. 16.109.

Sec. 16.110.

Sec. 16.111.

Sec. 16.112.

Sec. 16.113.

Sec. 16.114.

Sec. 16.115.

Sec. 16.116.

Sec. 16.117.

Sec. 16.118.

Sec. 16.119.

Sec. 16.120.

Sec. 16.122.

Sec. 16.123.

Sec. 16.123-1.
Sec. 16.123-2.

Reserved.

Acquisition of Public Utilities.

Reserved.

Utility Revenues and

Expenditures.

Airport Revenue Fund.

California Academy of Sciences.

Cultural, Educational and

Recreational Appropriations.

Park, Recreation and Open

Space Fund.

Children's Fund. [Effective
through June 30, 2001]

Children's Fund. [Effective July

1, 2001]

Library Preservation Fund.

Reserved.

Franchises.

Citizen Participation; Public

Notices, Hearings and Access to

Public Documents.

Severability.

Powers of Inquiry and Review.

Heading and Captions.

Appendix A — Employment

Provisions.

Appendix B — Port Agreements.

Appendix C — Ethics Provisions.

Appendix D — Building

Inspection Provisions.

Customer Service Plan.

Right to Vote on Any Project

that Would Place 100 Acres or

IVEore of Fill in San Francisco

Bay

Civilian Positions within the

Police Department.

Preamble.

Public Education Enrichment

Fund.

Sec. 16.123-3. Arts, IVEusic, Sports, and Library

Programs.
Sec. 16.123-4. Universal Access to Preschool.
Sec. 16.123-5. Other City Support for the San

Francisco Unified School

District.
Sec. 16.123-6. Expenditure Plans.
Sec. 16.123-7. Structural Savings to the City's

Budget.
Sec. 16.123-8. Adjustments.
Sec. 16.123-9. State Redistribution of Local

Education Revenues.
Sec. 16.123-10. Sunset.

Sec. 16.124. Board of Supervisors Authorized
to Respond to Certain Orders or
Requests for the Production of
City Records.

Sec. 16.125. Domestic Partnership.

SEC. 16.100. RESERVED.

Note:

Renumbered as § 8A.114 by Proposition A, Ap-
proved 11/6/2007)

SEC. 16.101. ACQUISITION OF PUBLIC
UTILITIES.

It is the declared purpose and intention of the
people of the City and County, when public
interest and necessity demand, that public utili-
ties shall be gradually acquired and ultiinately
owned by the City and County. Whenever the
Board of Supervisors, as provided in Sections
9.106, 9.107 and 9.108 of this Charter, shall
determine that the public interest or necessity
demands the acquisition, construction or comple-
tion of any public utility or utilities by the City
and County, or whenever the electors shall peti-
tion the Board of Supervisors, as provided in
Sections 9.110 and 14.101 of this Charter, for the
acquisition of any public utility or utilities, the
Supervisors must procure a report from the
Public Utilities Commission thereon.

255

Supp. No. 13, January 2008

Sec. 16.102. San Francisco - Charter 256

SEC. 16.102. RESERVED.

Note:

Renumbered as § 8A.115 by Proposition A, Ap-
proved 11/6/2007)

Supp. No. 13, January 2008

257

Miscellaneous Provisions

Sec. 16.104.

SEC. 16.103. UTILITY REVENUES AND
EXPENDITURES.

(a) Receipts from each utility operated by
the Public Utilities Commission shall be paid
into the City and County treasury and main-
tained in a separate fund for each such utility.
Appropriations from such funds shall be made
for the following purposes for each such utility in
the order named:

1. For the payment of operating expenses,
pension charges and proportionate payments to
such compensation and other insurance and ac-
cident reserve funds as the Commission may
establish or the Board of Supervisors may re-
quire;

2. For repairs and maintenance;

3. For reconstruction and replacements as
hereinafter described;

4. For the payment of interest and sinking
funds on the bonds issued by the Public Utilities
Commission pursuant to this charter;

5. For extensions and improvements; and

6. For a surplus fund.

For any utility with outstanding bonds for
which the indenture requires different payment
priorities, the bond priorities will control over
the priorities set forth in this section.

(b) For the purpose of providing funds for
reconstruction and replacements due to physical
and functional depreciation of each of the utili-
ties under the jmrisdiction of the Commission,
the Commission must create and maintain a
reconstruction and replacement fund for each
such utility, sufficient for the purposes men-
tioned in this section, and in accordance with an
established practice for utilities of similar char-
acter, which shall be the basis for the amount
necessary to be appropriated annually to provide
for said reconstruction and replacements.

(c) If, at the end of any fiscal year, the
Controller certifies that excess surplus fiinds of a
utility exist, from hydropower assets or water or
clean water assets in excess of 25 percent of the
total expenditures of such utility in the previous
fiscal year for costs of operation, repair, mainte-
nance and debt service coverage and required

debt service reserves, the Public Utilities Com-
mission may transfer that surplus revenue, in
whole or in part, to any other utility system
under the Commission's jurisdiction on the op-
erative date of this section.

(d) Any surplus revenue which the Public
Utilities Commission imanimously finds is not
required for utihty purposes pursuant to sec-
tions (a) and (b) of this section may be trans-
ferred to the General Fund by the Public Utili-
ties Commission with the concurrence of three-
fourths of the Board of Supervisors upon making
all of the following findings of fact and judgment:

(a) That a surplus exists or is projected to
exist after meeting the requirements of this
section;

(b) That there is no unfunded operating or
capital program or required reserve that by its
lack of funding could jeopardize bond ratings,
health, safety, water supply or power production;

(c) That there is no reasonably foreseeable
operating contingency that cannot be funded
without General Fund subsidy; and

(d) That such a transfer of funds in all other
respects reflects prudent utility practice.

The Commission shall make such findings
having received reports and an affirmative rec-
ommendation from the General Manager and a
public hearing, which shall have received no less
than 30 days of public notice.

(e) The provisions of subsection (c) above
shall not be applied in a manner that would be
inconsistent with the provisions of any outstand-
ing or future indentures, resolutions, contracts
or other agreements of the City and County
relating to bonded indebtedness issued in con-
nection with the utility, or with any applicable
state or federal laws. (Amended November 2002)

SEC. 16.104. AIRPORT REVENUE FUND.

Subject to the budget and fiscal provisions of
this Charter:

(a) The entire gross revenue of the Airport
Commission shall be set aside and deposited into
a fund in the City and County treasury to be
known as the "Airport Revenue Fund." All
amounts paid into the Fund shall be maintained

Sec. 16.104.

San Francisco - Charter

258

by the Treasurer separate and apsirt from all
other City and County funds and shall be se-
cured by the Treasurer's official bond or bonds.

Separate accounts shall be kept with respect
to receipts and disbursements of each airport
under the jurisdiction of the Commission.

(b) Monies in the Airport Revenue Fund
including earnings thereon shall be appropri-
ated, transferred, expended or used for the fol-
lowing purposes pertEiining to the financing, main-
tenance and operation of airports and related
facilities owned, operated or controlled by the
Commission and only in accordance with the
following priority:

1. The payment of operation and mainte-
nance expenses for such airports or related fa-
cilities;

2. The payment of pension charges and pro-
portionate payments to such compensation and
other insurance or outside reserve funds as the
Commission may establish or the Board of Su-
pervisors may require with respect to employees
of the Commission;

3. The payment of principal, interest, re-
serve, sinking fund and other mandatory fands
created to secure revenue bonds hereafter issued
by the Commission for the acquisition, construc-
tion or extension of airports or related facilities
owned, operated or controlled by the Commis-
sion;

4. The pajrment of principal and interest on
general obligation bonds heretofore or hereafter
issued by the City and County for airport pur-
poses;

5. Reconstruction and replacement as deter-
mined by the Commission or as required by any
airport revenue bond ordinance duly adopted
and approved;

6. The acquisition of land, real property or
interest in real property for, and the acquisition,
construction, enlargement and improvement of
new and existing buildings, structures, facilities,
utilities, equipment, appliances and other prop-
erty necessary or convenient for the development
or improvement of any airports and heliports
owned, controlled or operated by the Commis-

sion in the promotion and accommodation of air
commerce or navigation and matters incidental
thereto;

7. The return and repajnnent into the Gen-
eral Fund of the City and County of any sums
paid by the City and County fi'om funds raised by
taxation for the pajonent of interest on and
principal of any general obligation bonds previ-
ously issued by the City and County for the
acquisition, construction and improvement of
the San Francisco International Airport;

8. For any other lawful purpose of the Com-
mission including, but not limited to, transfer to
the General Fund during each fiscal year of 25
percent, or such lesser percentage as the Board
of Supervisors shall establish, of the non-airline
revenues as a return upon the City and County's
investment in the Airport. "Non- airline" rev-
enues means all airport revenues from whatever
source less revenues from airline rentals and
charges to airlines for use of Airport facilities.

SEC. 16.105. CALIFORNIA ACADEMY OF
SCIENCES.

All buildings and improvements erected by or
under the authority of the California Academy of
Sciences, in or on property owned or controlled
by the City and County, including but not limited
to the Steinhart Aquarium, the original Natural
History Museum, the Simson African Hall and
the additions housing, among other things, the
Alexander F. Morrison Planetarium and Audito-
rium, are the property of the City and County.
However, the buildings and improvements, and
the activities and personnel therein shall be
managed and controlled exclusively by the Cali-
fornia Academy of Sciences, except that employ-
ees of the City and County shall be subject to the
personnel provisions of this Charter and their
compensation fixed in accordance with this Char-
ter and City and County funds are subject to the
financial provisions of this Charter.

The California Academy of Sciences shall
submit to the Mayor and Board of Supervisors an
annual financial statement of its activities in
connection with the operation of the buildings
described in this section.

259

Miscellaneous Provisions

Sec. 16.107.

Nothing herein shall abrogate any trust by
which any property of the California Academy of
Sciences has been acquired.

SEC. 16.106. CULTURAL,
EDUCATIONAL AND RECREATIONAL
APPROPRIATIONS.

The Board of Supervisors shall annually ap-
propriate:

1. To the Arts Commission, the revenue
from a tax of one-eighth of one cent ($0.00125)
per one hundred dollars ($100) of taxable as-
sessed valuation in the City and County for
maintaining a sjnnphony orchestra;

2. To the Asian Art Commission, an amount
sufficient for the purpose of maintaining, display-
ing, and providing for the security of the City
and County's collection of Asian art;

3. To the California Academy of Sciences,
funds necessary for the maintenance, operation
and continuance of the Steinhart Aquarium; the
Board of Supervisors shall have the power to
furnish to the California Academy of Sciences
such funds as the Board shall deem proper for
the maintenance, operation and continuance of
any or all other of the buildings and improve-
ments placed under the control of the California
Academy of Sciences;

4. To the Fine Arts Museums Board of Trust-
ees, an amount sufficient for the purpose of
maintaining, operating, providing for the secu-
rity of, expanding and superintending the fine
arts museums and for the purchase of objects of
art, literary productions and other personal prop-
erty;

5. To the War Memorial and Performing
Arts Center Board of Trustees, an amount suffi-
cient to defray the cost of maintaining, operating
and caring for the War Memorial and Performing
Arts Center;

6. To the Library Commission, the revenue
from a minimum tax of one cent ($0.01) per
hundred dollars ($100) of taxable assessed valu-
ation for constructing, maintaining and improv-
ing the library system of the City and County;

7. To the Recreation and Park Commission,
the revenue from a minimum tax of two and
one-half cents ($0,025) per one hundred dollars
($100) of taxable assessed valuation for construct-
ing, maintaining and improving parks and
squares, and the revenue from a minimum tax of
one and three quarter cents ($0.0175) per one
hundred dollars ($100) of taxable assessed valu-
ation for constructing, maintaining and improv-
ing playgrounds; and

8. To the Arts Commission, for the City and
County-owned Community Cultural Centers, an
amount sufficient for the purpose of maintain-
ing, operating, providing for the security and
superintending of their facilities and grounds,
and for the purchase of objects of art, literary
productions, and other property, and for their
expansion and continuance in the City and County
of San Francisco.

SEC. 16.107. PARK, RECREATION AND
OPEN SPACE FUND.

(a) Establishment of Fund. There is hereby
established the Park, Recreation and Open Space
Fund ("Fund") to be administered by the Recre-
ation and Park Department ("Department") as
directed by the Recreation and Park Commission
("Commission"). Monies therein shall be ex-
pended or used solely by the Department, subject
to the budgetary and fiscal provisions of the
Charter, to provide enhanced park and recre-
ational services and facilities.

(b) Annual Set-aside. The City will continue
to set aside from the annual tax levy, for a period
of thirty years starting with the fiscal year
2000-2001, an amount equivalent to an annual
tax of two and one-half cents ($0,025) for each
one hundred dollars ($100) assessed valuation.
Revenues obtained thereby shall be in addition
to, and not in place of, any sums normally
budgeted for the Department and, together with
interest, shall be deposited into the Park, Recre-
ation and Open Space Fund.

The Controller shall set aside and maintain
such an amount, together with any interest
earned thereon, in the Fund, and any amount
unspent or uncommitted at the end of the fiscal

Sec. 16.107.

San Francisco - Charter

260

year shall be carried forward to the next fiscal
year and, subject to the budgetary and fiscal
limitations of this Charter, shall be appropriated
then or thereafter for the purposes specified in
this Section.

(c) Enhanced Revenue and Efficiency Incen-
tives for the Department. It is the policy of the
City and County of San Francisco to give the
Department greater incentives to improve opera-
tional efficiencies and to increase revenue. In-
creases in revenues and savings shall be dedi-
cated as follows:

1. Actual net increases in Department-gen-
erated revenues, compared to the previous
fiscal year, shall be dedicated to capital
and/or facility maintenance improvements
to park and recreational facilities;

2. New revenues from outside sources, such
as grant or foundation support, shall be
used only for enhancement of park and
recreational programs, including, but not
limited to, capital and/or facility mainte-
nance improvements; and

3. Overall Department expenditure savings
shall be retained by the Department to be
dedicated to one-time expenditures.

The City shall implement its efforts to in-
crease revenues in a manner consistent with the
City's policy of charging City residents a lower
fee than that charged nonresidents for the use
and enjoyment of Department property.

(d) Revenue Bond Authority. Notwithstand-
ing the limitations set forth in Sections 9.107,
9.108, and 9.109 of this Charter, the Commission
may request, and upon recommendation of the
Mayor the Board of Supervisors may authorize,
the issuance of revenue bonds or other evidences
of indebtedness, or the incurrence of other obli-
gations, secured by the Park, Recreation and
Open Space Fund for acquisition, construction,
reconstruction, rehabilitation and/or improve-
ment of real property and/or facilities and for the
purchase of equipment.

(e) Fund Expenditures on Commission Prop-
erty. Any real property acquired with monies
from the Fund, including the proceeds of obliga-
tions issued pursuant to subsection (d), above,

shall be placed under the jurisdiction of the
Commission within the meaning of Section 4.113.
Fund expenditures to improve, construct, recon-
struct or rehabilitate real property shall be lim-
ited to property under the jurisdiction of the
Commission or property under the jurisdiction of
another City department or public agency and
subject to an agreement with the Department for
its use, management and maintenance.

(f) Use and Allocation of the Fund. Each
year, the Commission shall adopt a budget for
the allocation and expenditure of the Fund in
compliance with the budget and fiscal provisions
of the Charter, which shall be adopted by the
Commission only after a written determination
by the Planning Department of conformity with
the City's General Plan.

The annual budget for allocation of the Fund
that is adopted by the Commission and submit-
ted by the Mayor to the Board of Supervisors
shall include:

1. Allocations for after-school recreation pro-
grams, urban forestry, community gar-
dens, volunteer programs, and a signifi-
cant natural areas management program
in the amounts allocated for each of those
programs from the Park and Open Space
Fund in the Department's fiscal year 1999-
2000 budget, to the extent that such pro-
grams are not so funded in the
Department's operating budget or in the
budget of another City department.

2. An allocation necessary to ensure that 3%
of the monies to be deposited in the Fund
during the upcoming fiscal year pursuant
to subsection (b), above, be available at the
start of the fiscal year as an undesignated
contingency reserve.

3. An allocation of not less than 5% of the
monies to be deposited in the Fund during
the upcoming fiscal year pursuant to sub-
section (b), above. These monies shall be
dedicated to the acquisition of real prop-
erty identified in the Capital Plan dis-
cussed in subsection (g), below. Any por-
tion of these monies that remains unspent
or uncommitted at the end of any fiscal

261

Miscellaneous Provisions

Sec. 16.107.

year shall be carried forward, with inter-
est thereon, to the next fiscal year for the
purposes set forth herein. The 5% alloca-
tion need not be included in the budget
submitted to the Board of Supervisors for
an upcoming fiscal year to the extent that
the total City expenditure for acquisition
of property to be placed under the jurisdic-
tion of the Commission for the period
commencing with fiscal year 2000-01 and
ending with the close of the immediately
preceding fiscal year exceeds an amount
equal to 5% of the total amount appropri-
ated, or to be appropriated, to the Fund for
the period commencing with fiscal year
2000-01 and ending with the close of the
upcoming fiscal year.

Prior to the adoption of the annual budget by
the Recreation and Park Commission, the De-
partment, in conjunction with the Citizens Advi-
sory Committee discussed in subsection (h), be-
low, shall conduct two public hearings in the
evenings or on weekends to permit the public to
comment on the Department's full budget and
programming allocations.

(g) Planning and Reporting Measures. The
Commission shall adopt several long-term plans
that include, but are not limited to, the following:

1. Strategic Plan. By December 1, 2000, the
Department shall prepare, for Commis-
sion consideration and approval, a five-
year Strategic Plan, to be updated annu-
ally, that establishes or reaffirms the
mission, vision, goals and objectives for
the Department. This Strategic Plan will
be used to guide the Department's work
over the next five years.

2. Capital Plan. By December 1, 2000, the
Department shall prepare, for Commis-
sion consideration and approval, a five-
year Capital Plan, to be updated annually,
for the development, renovation, replace-
ment and maintenance of capital assets,
and the acquisition of real property. In its
Capital Plan the Department shall pro-

. pose specific properties to be acquired for
open space, recreation facilities, signifi-

cant natural areas, and other recreational
purposes and shall prioritize capital and
maintenance improvements and provide
budgets associated with such improve-
ments. Capital and acquisition projects
will be designated by the Department based
upon needs identified by the Department
and the community. Capital projects will
include the planning, design and construc-
tion of projects that rehabilitate, restore or
replace existing facilities or that develop
new facilities. Acquisition projects will in-
clude, but will not be limited to, purchase,
lease, exchange, eminent domain, license
or any other vehicle giving the City a
right, whether revocable or not, to use real
property, or any interest therein, or any
improvement or development rights
thereon, for recreational purposes, includ-
ing, but not limited to, protection of natu-
ral resources, development of community
gardens and development of urban trails,
provided that, notwithstanding anything
herein to the contrary, no acquisition of
less than fee simple title may be for a term
of less than ten years.

3. Operational Plan. By December 1, 2001,
the Department shall prepare, for Com-
mission consideration and approval, a five-
year Operational Plan, to be updated an-
nually, detailing proposed improvements
to the Department's services and respon-
siveness to customer needs. The annual
Operational Plan will serve as a tool for
improving the operational efficiency of the
Department and will include measurable
performance standards for the Depart-
ment. The Department shall prepare the
initial Operational Plan after conducting a
performance audit of Departmental opera-
tions. Thereafter, the Department will con-
duct periodic performance audits.
The Commission shall establish a community
input process, which may include the Citizens
Advisory Committee discussed in section (h),
below, through which citizens of the City and
County of San Francisco will provide assistance
to the Commission as it develops criteria and

Sec. 16.107.

San Francisco - Charter

262

establishes the plans required by this subsec-
tion. Prior to the adoption of each five-year plan,
the Department shall conduct at least five hear-
ings in locations distributed geographically
throughout the City to receive and to consider
the public's comments upon the plan. The Com-
mission shall ensure that at least two of these
hearings are held in the evenings or on week-
ends for the public's convenience.

The Department shall report annually, as a
part of the City's budget process, to the Mayor
and to the Board of Supervisors, on the status of
the plans and on the status of Department goals,
objectives and capital project timelines for the
current fiscal year, as well as provide reports on
performance measures required by this Section.

(h) Citizens Advisory Committee. The Board
of Supervisors shall establish, by ordinance, a
Citizens Advisory Committee.

(i) Environmental and Design Guidelines.
The Commission shall adopt written environmen-
tal and design guidelines for new facilities, parks,
and open spaces and the renovation or rehabili-
tation of existing facilities, parks, and open spaces.
These guidelines shall be consistent with any
applicable standards of the Art and Planning
Commissions.

(]) Capital Projects. Notwithstanding the pro-
visions of Section 3.104 of this Charter, the
Commission shall have the authority to prepare
and approve the plans, specifications and esti-
mates for all contracts and orders, and to award,
execute and manage all contracts and orders, for
capital projects on real property under its juris-
diction or management. Capital projects sup-
ported by the Fund, other than those projects
identified by the Department as long-term projects,
must be fully constructed within three years of
the initial budget allocation for those projects.
Long-term projects must be fully constructed
within five years of the initial budget allocation.
Any exceptions to this provision must be autho-
rized by a two-thirds vote of the Commission.

The Recreation and Park Department and
the Department of Public Works ("DPW") shall
establish a committee to develop a written, capi-
tal implementation program, for the consider-

ation of both Departments, that will govern
DPW's involvement in capital projects under-
taken by the Recreation and Park Department.
In developing this program, the committee shall
consider the Capital Plan discussed in subsec-
tion (g), above, staffing levels in both Depart-
ments, and the availability of other resources.

(k) Unspent Funds. All unspent funds in
the Park and Open Space Fund on June 30, 2000
shall continue to be held for the use and benefit
of the Department. These monies shall be ex-
pended in a manner consistent with the general
purposes for which they were originally appro-
priated.

In addition to the requirements set forth by
this Section, all expenditures from the Fund
shall be subject to the budget and fiscal provi-
sions of the Charter. (Amended March 2000)

SEC. 16.108. CHILDREN'S FUND.
[Effective through June 30, 2001]

(a) There is hereby established a fund to
expand children's services, which shall be called
the Children's Fund and shall be maintained
separate and apart from all other City and
County funds and appropriated by annual or
supplemental appropriation. Monies therein shall
be expended or used solely to provided expanded
services for children as provided in this section.

(b) There is hereby set aside for the Fund,
from the revenues of the property tax levy, rev-
enues in an amount equivalent to an annual tax
of one and one-quarter cents ($.0125) per one
hundred dollars ($100) of assessed valuation for
the first fiscal year which begins 90 days or more
after the election which approves this section,
and revenues equivalent to an annual tax of two
and one half cents ($.025) per one hundred
dollars ($100) of assessed valuation for each of
the following nine fiscal yeai'S. The Treasurer
shall set aside and maintain such amount, to-
gether with any interest earned thereon, in the
Fund, and any amounts unspent or uncommitted
at the end of any fiscal year shall be carried
forward to the next fiscal year and, subject to the

263

Miscellaneous Provisions

Sec. 16.108.

budgetary and fiscal limitations of this Charter,
shall be appropriated then or thereafter for the
purposes specified in this section.

(c) Monies in the Fund shall be used exclu-
sively to provide services to children less than 18
years old, above and beyond services funded
prior to adoption of this section. To this end,
monies from the Fund shall not be appropriated
or expended to fund services provided during
fiscal year 1991-1992, whether or not the cost of
such services increases, or appropriated or ex-
pended for services which substitute for or re-
place services provided during fiscal years 1990-
1991 or 1991-1992, except and solely to the
extent of services for which the City ceases to
receive federal, state or private agency funds,
which the funding agency required to be spent
only on the services in question.

(d) Services for children eligible for Fund
assistance shall include only child care; job readi-
ness, training and placement programs; health
and social services (including pre-natal services
to pregnant adult women); education programs;
recreation; delinquency prevention; and library
services, in each case for children.

Services for children paid for by the Fund
shall not include:

1. For example, and not for purposes of
limitation, services provided by the Police De-
partment or other law enforcement agencies; by
courts, the District Attorney, Public Defender or
City Attorney; by the Fire Department; deten-
tion or probation services mandated by state or
federal law; or public transportation;

2. Any service which benefits children inci-
dentally or as members of a larger population
including adults;

3. Any service for which a fixed or mini-
mum level of expenditure is mandated by state
or federal law, to the extent of the fixed or
minimum level of expenditure;

4. Acquisition of any capital item not for
primary and direct use by children;

5. Acquisition (other than by lease for a
term often years or less) of any real property; or

6. Maintenance, utilities or any similar op-
erating costs of any facility not used primarily
and directly by children, or of any recreation or
park facility (including a zoo), library, facility, or
hospital.

(e) During each fiscal year, a minimum of
25 percent of such funds shall be used for child
care, a minimum of 25 percent for job readiness,
training and placement, and a minimum of 25
percent for health and social services for children
(including pre-natal services for pregnant adult
women). Beginning with the fifth fiscal year
during which funds are set aside under this
section, the Board of Supervisors may modify or
eliminate these minimum requirements.

(f) No later than December of each calendar
year, the Mayor shall prepare and present to the
Board of Supervisors a Children's Services Plan.
The Plan shall propose goals and objectives for
the Fund for the fiscal year beginning the follow-
ing July 1, propose expenditures of monies fi-om
the Fund for the fiscal year beginning the follow-
ing July 1 and designate the City department
which would administer the funded programs. In
connection with preparation of the Plan, and
prior to the date required for presentation to the
Board of Supervisors, the Health Commission,
Juvenile Probation Commission, Human Ser-
vices Commission, Recreation and Parks Com-
mission and Public Library Commission shall
each hold at least one public hearing on the Plan.
Joint hearings may be held to satisfy this require-
ment. Any or all of the commissions may also
hold additional hearings before or after presen-
tation of the Plan.

(g) The Fund shall be used exclusively to
increase the aggregate City appropriations and
expenditures for those services for children which
are eligible to be paid from the Fund (exclusive of
expenditures mandated by state or federal law).
To this end, the City shall not reduce the amount
of such City appropriations for eligible services
(not including appropriations from the Fund and
exclusive of expenditures mandated by state or
federal law) in any of the ten years during which
funds are required to be set aside under this
section below the higher of the amount so appro-

Sec. 16.108.

San Francisco - Charter

264

priated for the fiscal year 1990-1991 or the
amount so appropriated for the fiscal year 1991-
1992, in either case as adjusted. Not later than
three months after the election which approves
this section, the Controller shall calculate and
publish the applicable base amount, specifying
by department and program each amount in-
cluded in the base amount. The base amount
shall be adjusted for each year after the base
year, based on calculations consistent from year
to year, by the percentage increase or decrease in
aggregate City appropriations from the base
year, as estimated by the Controller. Errors in
the Controller's estimate of appropriations for a
fiscal year shall be corrected by an adjustment in
the next year's estimate. For purposes of this
subsection, aggregate City appropriations shall
not include funds granted to the City by private
agencies or appropriated by other public agen-
cies and received by the City. Within 90 days
following the end of each fiscal year through
2001-2002, the Controller shall calculate and
publish the actual amount of City appropriations
for services for children which are eligible to be
paid from the Fund (exclusive of expenditures
mandated by state or federal law).

SEC. 16.108. CHILDREN'S FUND.
[Effective July 1, 2001]

(a) Fund for Children's Services. Opera-
tive July 1, 2001, there is hereby established a
fund to expand children's services, which shall
be called the Children's Fund ("Fund"). Monies
in the Fund shall be expended or used only to
provide services for children as provided in this
section.

(b) Goals. The goals of expenditures from
the Fund shall be:

(1) To ensure that San Francisco's children
are healthy, ready to learn, succeed in school and
live in stable, safe, and supported families and
communities;

(2) To reach children in all neighborhoods;

(3) To the maximum extent reasonable, to
distribute funds equitably among services for
infants and preschoolers, elementary school age
children and adolescents;

(4) To focus on the prevention of problems
and on supporting and enhancing the strengths
of children, youth and their families;

(5) To strengthen collaboration between the
City and County of San Francisco and the San
Francisco Unified School District;

(6) To fill gaps in services and to leverage
other resources whenever feasible; and

(7) To foster projects initiated by San Fran-
cisco youth.

(c) Amount. There is hereby set aside for
the Fund, from the revenues of the property tax
levy, revenues in an amount equivalent to an
annual tax of three cents ($.03) per one hundred
dollars ($100) of assessed valuation for each
fiscal year beginning with July 1, 2001- June 30,
2002, and ending with July 1, 2015-June 30,
2016. If the 2010 U. S. Census shows that
children make up a percentage of the population
of the City and County that is at least two
percentage points more than their percentage as
shown in the 2000 U. S. Census, then the amount
of the property tax levy set aside under this
section shall be increased for each fiscal year
beginning after publication of the 2010 Census.
The increase shall be in an amount equal to:
one-quarter cent ($.0025) per one hundred dol-
lars of assessed valuation, for each two full
percentage points of increase in the percentage
of the City and County population that is made
up of children. The Fund shall be maintained
separate and apart from all other City and
County funds and appropriated by annual or
supplemental appropriation.

(d) New Services. Monies in the Fund
shall be used exclusively for the costs of services
to children less than 18 years old provided as
part of programs that predominantly serve chil-
dren less than 18 years old, above and beyond
services funded from sources other than the
previous Children's Fund prior to July 1, 2001.
To this end, monies from the Fund shall not be
appropriated or expended for services that re-
ceived any of the funds included in the higher of
the Controller's baseline budget covering July 1,
2000-June 30, 2001 appropriations, or the
Controller's baseline budget covering July 1,

265

Miscellaneous Provisions

Sec. 16.108.

1999-June 30, 2000 appropriations, whether or
not the cost of such services increases. Nor shall
monies from the Fund be appropriated or ex-
pended for services that substitute for or replace
services included or partially included in the
higher of the two baseline budgets, except and
solely to the extent that the City ceases to
receive federal, state or private agency funds
that the funding agency required to be spent only
on those services. The Controller's baseline bud-
get shall mean the Controller's calculation of the
actual amount of City appropriations for services
for children that would have been eligible to be
paid from the Fund but are paid from other
sources.

(e) Eligible Services. Services for children
eligible for Fund assistance shall include only:

(1) Affordable child care and early educa-
tion;

(2) Recreation, cultural and after-school pro-
grams, including without limitation, arts pro-
grams;

(3) Health services, including prevention,
education, mental health, and pre-natal services
to pregnant women;

(4) Training, employment and job place-
ment;

(5) Youth empowerment and leadership de-
velopment;

(6) Youth violence prevention programs;

(7) Youth tutoring and educational enrich-
ment programs; and

(8) Family and parent support services for
families of children receiving other services from
the Fund.

(f) Excluded Services. Notwithstanding
subsection (e), services for children paid for by
the Fund shall not include:

(1) Services provided by the Police Depart-
ment or other law enforcement agencies, courts,
the District Attorney, Public Defender, City At-
torney; or the Fire Department; detention or
probation services mandated by state or federal
law; or public transportation;

(2) Any service that benefits children inci-
dentally or as members of a larger population
including adults;

(3) Any service for which a fixed or mini-
mum level of expenditure is mandated by state
or federal law, to the extent of the fixed or
minimum level of expenditure;

(4) Acquisition of any capital item not for
primary and direct use by children;

(5) Acquisition (other than by lease for a
term of ten years or less) of any real property; or

(6) Maintenance, utilities or any similar
operating costs of any facility not used primarily
and directly by children, or of any recreation or
park facility (including a zoo), library, or hospi-
tal.

(g) Baseline. The Fund shall be used exclu-
sively to increase the aggregate City appropria-
tions and expenditures for those services for
children that are eligible to be paid from the
Fund (exclusive of expenditiu-es mandated by
state or federal law). To this end, the City shall
not reduce the amount of such City appropria-
tions for eligible services (not including appro-
priations from the Fund and exclusive of expen-
ditures mandated by state or federal law) in any
of the fifteen years during which funds are
required to be set aside under this section below
the amount so appropriated for the fiscal year
2000-2001 ("the base year") as set forth in the
Controller's baseline budget, as adjusted ("the
base amount"). The base amount shall be ad-
justed for each year after the base year by the
Controller based on calculations consistent from
year to year by the percentage increase or de-
crease in aggregate City and County discretion-
ary revenues. In determining aggregate City and
County discretionary revenue, the Controller shall
only include revenues received by the City and
County that are unrestricted and may be used at
the option of the Mayor and the Board of Super-
visors for any lawful City purpose. The method
used by the Controller to determine discretion-
ary revenues shall be consistent with method
used by the Controller to determine the Library
and Children's Baseline Calculations dated June
20, 2000, which the Controller shall place on file

Sec. 16.108.

San Francisco - Charter

266

with the Clerk of the Board in File No. 000952.
Errors in the Controller's estimate of discretion-
ary revenues for a fiscal year shall be corrected
by an adjustment in the next year's estimate.
Within 90 days following the end of each fiscal
year through 2014-2015, the Controller shall
calculate and publish the actual amount of City
appropriations for services for children that would
have been eligible to be paid from the Fund but
are paid from other sources, separately identify-
ing expenditures mandated by state or federal
law.

(h) Three-Year Planning Cycle. To pro-
vide time for community participation and plan-
ning, and to ensure program stability, appropria-
tions from the Fund for all fiscal years beginning
after June 30, 2004 shall be made pursuant to a
three-year planning cycle as set forth in subsec-
tions (h) through (1). During every third fiscal
year beginning with the 2001-2002 fiscal year,
the City shall prepare a Community Needs As-
sessment to determine services eligible to receive
moneys from the Fund. During every third fiscal
year beginning with the 2002-2003 fiscal year,
the City shall prepare a Children's Services and
Allocation Plan ("the Plan"), based on the Com-
munity Needs Assessment approved during the
previous year. The Board of Supervisors may
modify an existing Community Needs Assess-
ment or Plan, provided that any modification
shall occur only after a noticed public hearing.
All appropriations from the Fund shall be con-
sistent with the most recent Plan, provided that
the Board of Supervisors may approve an amend-
ment to the Plan at the same time it approves an
appropriation.

(i) Community Needs Assessment and
Children's Services and Allocation Plan.

(1) The Community Needs Assessment and
the Plan shall be in writing, shall be made
available to the public in draft form not later
than January 31 of each fiscal year in which they
are required, shall be presented by March 31 of
each such fiscal year to the commissions listed in
subsection (m)(3) for review and comment, and
by April 30 of each such fiscal year shall be
presented to the Board of Supervisors for ap-
proval.

(2) Prior to preparation of each draft Com-
munity Needs Assessment, the City shall hold at
least one public hearing in each geographical
area defined in Charter Section 13.110. The City
shall also make available opportunities for par-
ents, youth, and agencies receiving monies from
the Fund to provide information for the Commu-
nity Needs Assessment. The Community Needs
Assessment shall include the results of a City-
wide survey of parents and youth to be conducted
by the Controller every three years.

(3) The Plan shall include all services for
children furnished or funded by the City or
funded by another governmental or private en-
tity and administered by the City, whether or not
they received or may receive monies from the
Fund. The Plan shall be outcome-oriented and
include goals, measurable and verifiable objec-
tives and measurable and verifiable outcomes.

(4) The Plan shall state how all services
receiving money from the Fund will be coordi-
nated with other children's services. The Plan
shall specify amounts of funding to be allocated:
(i) toward achieving specified goals, measurable
and verifiable objectives and measurable and
verifiable outcomes, (ii) to specified service mod-
els; and (iii) for specific populations and neigh-
borhoods. The Plan shall also state the reasons
for the allocations and demonstrate how the
allocations are consistent with the Community
Needs Assessment. A minimum of three percent
of the funding allocated under the Plan shall be
for youth-initiated projects.

(j) Evaluation. The Plan shall include an
evaluation of services that received money from
the Fund at any time during the last three fiscal
years. The evaluation shall involve those who
use the funded services and other parents and
youth.

(k) Failure of Board to Act. If the Board
of Supervisors has not approved a Community
Needs Assessment before the first day of the
fiscal year during which the Plan is to be pre-
pared, the Plan shall be based on the Commu-
nity Needs Assessment as originally submitted
to the Board of Supervisors.

267

Miscellaneous Provisions

Sec. 16.109.

(1) Selection of Contractors. Except for
services provided by City employees, the Fund
shall be expended through contractors selected
based on their responses to one or more requests
for proposals issued by the City. The City shall
award contracts to coincide with the City's fiscal
year starting July 1.

(m) Implementation.

(1) In implementation of this section, facili-
tating public participation and maximizing avail-
ability of information to the public shall be
primary goals.

(2) So long as there exists within the execu-
tive branch of City government a Department of
Children, Youth and Their Families, or an equiva-
lent department or agency as its successor, that
department shall administer the Children's Fund
and prepare the Community Needs Assessment
and the Plan pursuant to this section. If no such
department or agency exists, the Mayor shall
designate a department or other City body to
administer the Children's Fund pursuant to this
section.

(3) In addition to all other hearings other-
wise required, the Recreation and Park, Juvenile
Probation, Youth, Health and Human Services
Commissions shall each hold at least one sepa-
rate or joint hearing each fiscal year to discuss
issues relating to this section. The Department
of Children, Youth and Their Families, or other
agency as described above in section (m)(2), shall
consult with the Recreation and Park Depart-
ment, Arts Commission, Juvenile Probation De-
partment, Unified School District, Health De-
partment, Department of Human Services,
Commission on the Status of Women, Police
Department, Library Department and Municipal
Transportation Agency in preparation of por-
tions of the Community Needs Assessment and
the Plan that relate to their respective activities
or areas of responsibility.

(4) The Board of Supervisors may by ordi-
nance implement this section.

(n) Advisory Committee. There shall be a
Children's Fund Citizens' Advisory Committee
("the Committee") that shall consist of 15 mem-
bers, each appointed by the Mayor to a three-

year term, to serve at the Mayor's pleasure. At
least three members of the Committee shall be
parents and at least three members shall be less
than 18 years old at the time of appointment. For
each of the following areas, there shall be at least
one Committee member with professional exper-
tise in that area: early childhood development,
childcare, education, health, recreation and youth
development. The Committee shall meet at least
quarterly, and shall advise the department or
agency that administers the Children's Fund
and the Mayor concerning the Children's Fund.
The Committee shall convene by July 1, 2001.
Each member of the Committee shall receive
copies of each proposed Community Needs As-
sessment and each Plan (including the evalua-
tion required as part of the Plan). Members of
the Committee shall serve without pay, but may
be reimbursed for expenses actually incurred.

(o) Unspent Funds. All unspent funds in
the Children's Fund created by former Charter
Section 16.108 shall be transferred to the
Children's Fund established herein.

(p) Effect of Procedural Errors. No ap-
propriation, contract or other action shall be held
invalid or set aside by reason of any error,
including without limitation any irregularity,
informality, neglect or omission, in canying out
procedures specified in subsections (h) through
(n) unless a court finds that the party challeng-
ing the action suffered substantial injury from
the error and that a different result would have
been probable had the error not occurred.
(Amended November 2000)

SEC. 16.109. LIBRARY PRESERVATION
FUND.

(a) Establishment of Fund. There is hereby
established the Library Preservation Fund ("the
Fund") to be administered by the Library Depart-
ment as directed by the Library Commission.
Monies therein shall be expended or used solely
by the Library Department, subject to the bud-
getary and fiscal provisions of the Charter, to
provide library services and to construct, main-
tain and operate library facilities.

Supp. No. 13, January 2008

Sec. 16.109.

San Francisco - Charter

268

(b) Annual Set-Aside. The City will con-
tinue to set aside from the annual property tax
levy, for a period of fifteen years steirting with
the fiscal year 2008-2009 an amount equivalent
to an annual tax of two and one-half cents
($0,025) for each one hundred dollars ($100)
assessed valuation ("Annual Set-Aside").

The Controller shall set aside and maintain
such an amount, together with any interest
earned thereon, in the Fund, Revenues obtained
from the Annual Set-Aside shall be in addition
to, and not in place of, any General Fund monies
appropriated to the Library pursuant to subsec-
tion (c).

The Annual Set-Aside shall be used exclusively
to increase the aggregate City appropriations
and expenditures for services, materials, facili-
ties and equipment that will be operated by the
Library for Library purposes. To this end, in any
of the fifteen years during which fimds are
required to be set aside under this Section, the
City shall not reduce the Baseline for the Library
Department below the fiscal year 2006-2007 Re-
quired Baseline Amount (as calculated by the
Controller), except that the Baseline shall be
adjusted as provided below.

The Baseline shall be adjusted for each year
after fiscal year 2006-2007 by the Controller
based on calculations consistent from year to
year, by the percentage increase or decrease in
aggregate City and County discretionary rev-
enues. In determining aggregate City and County
discretionary revenues, the Controller shall only
include revenues received by the City which are
unrestricted and may be used at the option of the
Mayor and the Board of Supervisors for any
lawful City purpose. Errors in the Controller's
estimate of discretionary revenues for a fiscal
year shall be corrected by adjustment in the next
year's estimate. For purposes of this subsection,
(i) aggregate City appropriations shall not in-
clude funds granted to the City by private agen-
cies or appropriated by other public agencies £ind
received by the City, and (ii) Library Department
appropriations shall not include funds appropri-
ated to the Library Department to pay for ser-

vices of other City departments or agencies,
except for departments or agencies for whose
specific services the Library Department was
appropriated funds in fiscal year 2006-2007.
Within 180 days following the end of each fiscal
year through fiscal year 2023-2024, the Control-
ler shall calculate and publish the actual amount
of City appropriations for the Library Depart-
ment.

The Controller shall set aside and maintain
such baseline amounts, together with any inter-
est earned thereon, in the Fund.

At the end of each fiscal year, the Controller
shall pro-rate any monies from the annual Base-
line and the Annual Set-Aside that remain un-
committed in the Fund, and the Baseline portion
of such amount shall be returned to the General
Fund. The Annual Set-Aside portion of such
amount shall be carried forward to the next
fiscal year and shall be appropriated then or
thereafter for the purposes specified in this Sec-
tion.

Adjustments in the Controller's estimate of
the Baseline, including any baseline changes
required from increases or decreases to City
revenues after budget adoption, along with ad-
justments to the Annual Set-Aside for a fiscal
year shall be corrected by credits or adjustment
to be carried forward and added to the annual
City appropriation for next fiscal year and, sub-
ject to the budgetary and fiscal limitations of this
Charter, shall be appropriated then or thereafter
for the purposes specified in this Section.

(d) Debt Authority. Notwithstanding the
limitations set forth in Sections 9.107, 9.108, and
9.109 of this Charter, the Library Commission
may request, and upon recommendation of the
Mayor the Board of Supervisors may authorize,
the issuance of revenue bonds or other evidences
of indebtedness or the incurrence of lease financ-
ing or other obligations (the "Debt Obligations"),
the proceeds of which are to be used for the
acquisition, construction, reconstruction, reha-
bilitation and/or improvement of real property
and/or facilities that will be operated by the
Library for Library purposes and for the pur-
chase of equipment relating to such real property

Supp. No. 13, January 2008

269

Miscellaneous Provisions

Sec. 16.109.

and/or facilities. Such Debt Obligations shall be
secured by and/or repaid from any available
funds pledged or appropriated by the Board of
Supervisors for such purpose, which amount
may include funds in the Fund allocated under
subsection (e)(3) below. Funds appropriated to
pay debt service on the Debt Obligations in such
fiscal year under the terms of this Section shall
be set aside in an account for such use until such
pa3nTient is made.

(e) Spending Priorities. The Annual Set-
Aside and monies carried over from prior fiscal
years in the Fund shall be expended in accor-
dance with the following priorities:

1. Such allocations as are necessary for the
Library Department to operate the Main Li-
brary, which includes a library for the blind, no
fewer than 27 neighborhood branch libraries,
and an auxiliary technical services facility, with
1211 permanent service hours per week system
wide and the permanent service hours at each
neighborhood branch library as set by the Li-
brary Commission as of November 6, 2007, which
may be modified only as provided by subsection
(f).

2. Such allocations as are necessary to pro-
vide for library services and collections in all
formats in order to meet the current and chang-
ing needs of San Francisco communities, as the
Library Commission in its sole discretion shall
approve.

3. Notwithstanding the priorities set forth
in this subsection, a portion of the Annual Set-
Aside may be used each fiscal year to pay debt
service relating to Debt Obligations issued or
incurred by the City under subsection (d) above.
To ensure that debt service payments do not
reduce overall funding available for other Li-
brary priorities from current levels, debt service
may be payable from the Annual Set-Aside in
any fiscal year in an amount no greater than:

A. the annual debt service that would be
payable under a financing with the term and
principal amount reflected in a Library Commis-
sion request for bond issuance under subsection
(d) above; and

B. the aggregate growth of the Annual Set-
Aside amount and the Baseline amount over the
base fiscal year 2006-07.

Amounts on deposit in the Annual Set-
Aside in excess of such annual debt service
shall be used according to the other priori-
ties of this subsection.

4. To the extent there are unexpended funds
remaining in the Fund after the requirements of
paragraphs 1 through 3 have been satisfied, such
funds may be used for any lawful purpose of the
Library Department; provided that no such funds
shall be used for debt service payments in any
fiscal year in excess of the amount allowed under
clause (3) above.

(f) Library Service Hours. Except as pro-
vided below in paragraphs 3 and 4, the Library
Commission shall maintain at least 1211 perma-
nent service hours per week system wide and the
permanent hours at any neighborhood branch
Library until July 1, 2013. As of that date, the
Library Commission may modify permanent ser-
vice hours per week system wide and at specific
neighborhood branch libraries for succeeding five-
year intervals, or at shorter intervals as the
Commission may adopt, and in accordance with
the following procedures:

1. No later than March 1, 2013, and for
each service hour interval thereafter, the Library
Commission shall establish a community input
process, which may include an informal survey
of library users and meetings with the Library
Citizens Advisory Committee, Council of Neigh-
borhood Libraries and neighborhood groups,
through which citizens of the City and County of
San Francisco may provide assistance to the
Library Commission as it develops criteria to set
system wide and branch service hours for the
upcoming interval. Prior to setting service hours
for the next interval, the Library Department
shall conduct at least one hearing in each super-
visorial district to receive and consider the public's
comments about existing and potential Library
service hours. The Library Commission shall
ensure that at least six of these hearings, dis-

Supp. No. 13, January 2008

Sec. 16.109.

San Francisco - Charter

270

tributed geographically throughout the City, are
held in the evenings or on weekends for the
public's convenience.

2. Following the hearings in Paragraph 1,
and based on the public input, a comprehensive
assessment of needs, and the anticipated ad-
equacy of library resources, the Library Commis-
sion may, as of July 1, 2013, modify the system
wide and individual neighborhood branch ser-
vice hours for the next five-year interval or such
shorter interval as the Library Commission may
adopt. The Library Commission shall repeat this
public process and set service hours at least once
every five years for the duration of the Fund.

3. The service hours requirement set in
subsection (e)(1) and any modifications thereto
made pursuant to this subsection shall be tem-
porarily reduced by the normal operating hours
for any neighborhood branch temporarily closed
for construction, renovation or maintenance pur-
poses. In such cases, the Library Department
shall add temporary services elsewhere by add-
ing temporary hours at nearby branches, provid-
ing bookmobile services, securing programming
partners in the affected neighborhoods, or simi-
lar means.

4. If library services at any branch or sys-
tem wide are interrupted due to fire, earthquake
or other emergency, the Library Department
shall be relieved of these service hour require-
ments, provided that the Library Department
shall provide service hours consistent with such
exigent circumstances.

(g) Unspent Funds. All unspent funds in
the Fund on November 6, 2007 shall continue to
be held for the use and benefit of the Library
Department. These monies shall be expended to
construct, maintain and operate library facilities
as provided herein. (Amended by Proposition D,
Approved 11/6/2007)

SEC. 16.110. RESERVED.

Editor's Note:

Repealed by Proposition A, Approved November 6,
2007.

SEC. 16.111. FRANCHISES.

The Board of Supervisors shall have the
power by ordinance to grant to any person, firm
or corporation, any franchise, including any re-
newal, extension, transfer or amendment thereof,
for the use of any public right-of- way or public
place within the boundaries of the City for the
purpose of providing services to customers. Fran-
chises may be granted only by a competitive
process. Each franchise shall contain a specific
and definite termination date which shall not be
more than 25 years after its first effective date.

SEC. 16.112. CITIZEN PARTICIPATION;
PUBLIC NOTICES, HEARINGS AND
ACCESS TO PUBLIC DOCUMENTS.

The publication of and full public access to
public documents, except for those subject to
confidentiality, shall be as required by law.

Notice shall be published in a timely manner
before any public hearing, and shall include a
general description of said hearing.

Notice shall be given, and public hearings
held before:

(a) Any facility used by the public, includ-
ing but not limited to libraries and health facili-
ties, shall be closed, eliminated, or its level of
services reduced, or prior to the leasing, selling
or transfer of management of said facility;

(b) Any significant change in the operating
schedule or route of a street railway, bus line,
trolley bus line or cable car line is adopted;

(c) Any fee, schedule of rates, charges or
fares which affects the public is instituted or
changed; should any such action be approved,
the result shall also be noticed; or

(d) Any amendment to the general plan,
change in zoning or change in land use is adopted.

In addition, notice shall be given for the
following:

(e) Any sale, lease, rental, encumbrance or
exchange of real property held by the City and
County;

(f) Special assessment districts and pro-
tests of special assessment districts;

Supp. No. 13, January 2008

270.1

Miscellaneous Provisions

Sec. 16.116.

(g) Requests for bids or proposals for the
purchase or lease of materials, supplies, equip-
ment, services, construction, work or improve-
ments involving expenditure of $50,000 or more;
notice shall also be given after any such award is
made; the Board may by ordinance reduce the
dollar threshold for such notice; and

(h) Polling places and precinct officers for
any election.

SEC. 16.113. SEVERABILITY.

If any provision of this Charter, or its appli-
cation to any person or circumstances is held
invalid, the remainder of this Charter, and the
application of such provision to other persons or
circumstances, shall not be affected.

SEC. 16.114. POWERS OF INQUIRY AND
REVIEW.

The Mayor, the City Administrator, the Con-
troller, or any board or commission appointed by
the Mayor, relative solely to the affairs under its
control, may require such periodic or special
reports of departmental costs, operations and
expenditures, examine the books, papers, records
and accounts of, and inquire into matters affect-
ing the conduct of any department or office of the
City and County, and for that purpose may hold
hearings, subpoena witnesses, administer oaths
and compel the production of books, papers,
testimony and other evidence. The Board of
Supervisors shall have the same powers of in-
quiry and review, including the power to issue
subpoenas and compel the production of evi-
dence, with respect to matters affecting the con-
duct of any department or office of the City and
County.

SEC. 16.115. HEADING AND CAPTIONS.

The headings and captions in this Charter
shall have no bearing on the meaning of the text,
which shall be the exclusive source for interpre-
tation and construction.

this Charter as "Appendix A — Employment Pro-
visions," except that in instance of conflict or
inconsistency between these sections of the Char-
ter of 1932 and the body of this Charter, this
Charter shall prevail, and subject to the follow-
ing limitations and amendments:

1. All references to sections of "the Charter"
or "this Charter" shall be construed to refer to
the Charter of 1932, as defined above;

2. All definitions or descriptions included
through such references shall remain in force,
unless in conflict or inconsistent with definitions
or descriptions in this Charter, or unless amended
by the Board of Supervisors; and

SEC. 16.116. APPENDIX A—
EMPLOYMENT PROVISIONS.

The following sections of the Charter of 1932,
as amended, shall remain in effect as a part of

Supp. No. 13, January 2008

[INTENTIONALLY LEFT BLANK]

Supp. No. 13, January 2008

271

Miscellaneous Provisions

Sec. 16.120.

3. Effective upon adoption of this Charter,
references to "wife," "surviving spouse," "widow"
or "widower" shall be construed to include
"spouse," or "surviving spouse."

The following sections from the Charter of
1932, as amended, shall be included in Appendix
A with full force and effect, and each shall be
designated with a prefix "A":

7.204 Contractors' Working

Conditions

8.329

Certification of Eligibles

8.341

Removal or Discharge of Per-
manent, Non-Probationary
Employees

8.342-

-8.344

DiscipUnary Suspensions; Po-
lice and Fire Department
Suspensions; Exoneration of
Charges

8.345-

-8.346

Disciplinary Action-Strikes

8.364

Catastrophic Sick Leave

8.400-

-8.406

Salaries and Wages for Teach-
ers, Mtmi, Police, Fire and
Miscellaneous Employees

8.409-

-8.409-6

Collective Bargaining

8.410-

-8.411

Expenses

8.420-

-8.429

Health Service System
Benefits

8.430 [1st f]

"Medical Care" Defined

8.431-

-8.432

Health Service System
Benefits

8.440—8.441 Vacations

8.450—8.452 Hours and Tours of Duty

8.500—8.517 Retirement System

8.518—8.588-15 Retirement System

8.590-1—8.590-7 Collective Bargaining for
Fire, Police and Airport
Police

The provisions of Appendix A may be amended
only pursuant to the provisions of state law
governing charter amendments.

SEC. 16.117. APPENDIX B— PORT
AGREEMENTS.

The following sections from the Charter of
1932, as amended, shall be included in Appendix
B with full force and effect, and each shall be
designated with a prefix "B":

3.581—3.585 Port Transfer Agreement

6.406

7.305

Harbor Revenues and
Expenditures

Revenue Bonds of the Port

Commission
The provisions of Appendix B may be amended
only pursuant to the provisions of state law
governing charter amendments.

SEC. 16.118. APPENDIX C— ETHICS
PROVISIONS.

The following sections of the Charter of 1932,
as amended, shall be included in Appendix C
with full force and effect, and each shall be
designated with a prefix "C":

3.699-10—3.699-16 Ethics Commission

Procedures
The provisions of Appendix C may be amended
only pursuant to the provisions of state law
governing charter amendments. (Amended No-
vember 2003)

SEC. 16.119. APPENDIX D— BUILDING
INSPECTION PROVISIONS.

The following sections from the Charter of
1932, as amended, shall be included in Appendix
D with full force and effect, and each shall be
designated with a prefix "D":

3.750—3.750-8 Department of Building

Inspection
The provisions of Appendix D may be amended
only pursuant to the provisions of state law
governing charter amendments.

SEC. 16.120. CUSTOMER SERVICE
PLAN.

Each department of the City and County
shall adopt an annual Customer Service Plan, in
a format to be determined by the Board of
Supervisors by ordinance. The Board m^ay excuse

Sec. 16.120.

San Francisco - Charter

272

a department from particular requirements of
the ordinance where comphance would be inap-
propriate or impractical. Each department shall
file its Customer Service Plan with the Board of
Supervisors no later than February 1st of each
year, along with a report on how the department
met the previous year's Plan, if any. (Added
November 1998)

SEC. 16.122. RIGHT TO VOTE ON ANY
PROJECT THAT WOULD PLACE 100
ACRES OR MORE OF FILL IN SAN
FRANCISCO BAY.

(a) The qualified electors of the City and
County shall have the right to vote on any
Project of the City and County that would place
100 acres or more of fill in San Francisco Bay.

(b) Notwithstanding any contrary provi-
sions of the Charter, the approval of any Project
that would place 100 acres or more of fill in San
Francisco Bay shall be conditioned upon the
affirmative vote of a majority vote of the elector-
ate.

(c) Within three (3) business days of such
conditional approval by any department, board,
commission, or other unit of government of the
City and County, including any board, commis-
sion or other unit of government of the City and
County of San Francisco established by state or
federal law that is subject to the provisions of the
San Francisco Charter, of any Project that would
place 100 acres or more of fill in San Francisco
Bay, the approving entity shall provide written
notice thereof to the Director of Elections who
shall place the measure required by this Section
on the ballot at the first general municipal or
statewide election which occurs at least one
hundred and twenty (120) days after said notice
is received by the Director.

(d) Ballot measures generated and placed
on the ballot pursuant to this Section are not
exempt from the California Environmental Qual-
ity Act nor any other federal, state or local
environmental laws and regulations to which the
Project may be subject. Before any action is
taken by the City and County to approve a
Project that is required by this Section to be

submitted to the electorate, the Project must
comply with the California Environmental Qual-
ity Act. If compliance requires the preparation,
consideration and certification of an Environmen-
tal Impact Report, that process shall be finalized
prior to project approval and the information
contained in the final certified Environmental
Impact Report shall be made publicly available
to the electorate for its consideration prior to the
election.

(e) The general statement of the ballot mea-
sure to be voted on, pursuant to this Section,
shall read as follows:

Shall the voters approve (insert name of project)
that would fill in (insert number) acres of San
Francisco Bay? Yes or No

The name of the Project to be inserted into the
general statement shall be determined by the
City Attorney pursuant to Section 510 of the San
Francisco Elections Code, or any subsequent
amended or renumbered version of Section 510.

(f) Definitions. Words and phrases used in
this Section shall have the meanings specified in
the San Francisco Charter, except that the fol-
lowing words and phrases as used in this Section
shall have the following meanings:

"Project" or "Project of the City and County"
shall mean any activity proposed, sponsored,
initiated, or funded by any department, board,
commission, or other unit of government of the
City and County of San Francisco including any
board, commission or other unit of government of
the City and County of San Francisco estab-
lished by state or federal law that is subject to
provisions of the San Francisco Charter.

"Place fill" or "fill in" shall mean to introduce,
or cause to be introduced, earth or any other
substance or material, including pilings or struc-
tures placed on pilings, and structures floating
at some or all times and moored for extended
periods.

(g) If any part or provision of this Section,
or the application thereof to any person or cir-
cumstance is held invalid, the remainder of this
Section, including the application of such part or
provision to other persons or circumstances, shall
not be affected thereby and shall continue in full

273

Miscellaneous Provisions

Sec. 16.123-1.

force and effect. To this end, provisions of this
Section are severable. (Added November 2001)

SEC. 16.123. CIVILIAN POSITIONS
WITHIN THE POLICE DEPARTMENT.

(a) The Controller shall review sworn and
civilian staffing needs in the San Francisco Po-
lice Department. As part of that review, the
Controller shall review police staffing levels and
patterns in comparable jurisdictions, and best
practices regarding police staffing.

The Controller and the Chief of Police shall
also audit all positions in the Police Department
and identify those positions that must be filled
by sworn officers and those that could be filled by
civilian personnel or that, under best practices in
other jurisdictions, typically are filled by civilian
personnel.

In conducting these studies, the Controller
and the Chief of Police shall consult with the
Board of Supervisors' Budget Analyst, the Direc-
tor of the Department of Human Resources, and
a representative of the bargaining unit represent-
ing sworn members of the Police Department.

Upon the completion of these studies, the
Controller and the Chief of Police shall forward
to the Mayor and the Board of Supervisors a list
of positions in the Police Department currently
filled by sworn officers that could be filled by
civilian personnel.

Upon submission of the list of positions to the
Mayor and the Board of Supervisors, the provi-
sions of subsection (a) shall expire and the City
Attorney shall cause them to be deleted fi:om
future publications of the Charter, and shall
cause the remaining provisions to be relettered
accordingly.

(b) Positions may only be converted from
sworn to civilian as they become vacant. No
sworn officer shall be laid off in order to convert
a position to civilian personnel.

If the Mayor and the Board of Supervisors
convert positions from sworn officers to civilian
personnel through the budget process, the mini-
mum staffing level set in Section 4.127 shall be
reduced by the same number of positions if the
Controller and the Chief of Police jointly certify

that the reduction will not decrease the number
of police officers dedicated to neighborhood com-
munity policing, patrol and investigations and
will not substantially interfere with the delivery
of police services or the ability of the Police
Department to protect the public in the event of
an emergency. (Added March 2004)

SEC. 16.123-1. PREAMBLE.

(a) The people of the City and County of
San Francisco find and declare that:

1. Quality public education is highly corre-
lated with higher earnings potential, reduced
crime, lower rates of teen pregnancy and sub-
stance abuse, and greater self-esteem;

2. Urban public schools have the greatest
need for comprehensive educational programs-
including preschool programs, arts and music
programs, sports activities, and after school pro-
grams-but often have the fewest resources to
provide them;

3. While California once led the nation in
public school spending and performance, invest-
ments have greatly declined. Despite its high
cost of living, San Francisco per pupil spending
ranks 34th among 43 comparable central City
U.S. public school districts of similar size. As of
2001, adjusted for cost-of-living, teacher salaries
for the San Francisco Unified School District
(SFUSD) ranked 99th of 100 metropohtan areas;

4. SFUSD enrollment has dropped in recent
years as families have left San Francisco in
search of affordable neighborhoods with high-
quality public schools;

5. The choices businesses make about where
to locate include the quality of public services the
City provides, including public safety, transpor-
tation and education;

6. Since 2000, the SFUSD has made strong
improvements in achievement measures and fi-
nancial management; and

7. As the economy begins to recover, now is
the time to invest in our children's future, before
further declines begin to erode the progress the
SFUSD has made.

Sec. 16.123-1.

San Francisco - Charter

274

(b) This measure may be referred to as "The
Arts, Music, Sports, and Pre-School for Every
Child Amendment of 2003." (Added March 2004)

SEC. 16.123-2. PUBLIC EDUCATION
ENRICHMENT FUND.

(a) Creating the Fund. There shall be a
Public Education Enrichment Fund. The City
shall each year appropriate monies to the Public
Education Enrichment Fund according to sub-
sections (b), (c), and (d), below. In determining
whether the City has met its annual obligation
to the Fund, the Mayor and the Board of Super-
visors may consider both direct financial support
and the cash value of any in-kind support ser-
vices, as described in Section 16.123-5, provided
by the City to the San Francisco Unified School
District and the Children and Families First
Commission (hereinafter the "First Five Commis-
sion") or any successor agency, provided that at
least two-thirds of the City's contribution to the
Fund each year shall be comprised of direct
financial support necessary to meet the require-
ments of Sections 16.123-3 and 16.123-4 of this
measure.

(b) Baseline Appropriations. The Fund
shall be used exclusively to increase the aggre-
gate City appropriations to and expenditures for
the San Francisco Unified School District. To
this end, the City shall not reduce the amount of
such City appropriations (not including appro-
priations from the Fund and exclusive of expen-
ditures mandated by state or federal law) in any
of the eleven years during which funds are
required to be set aside under this Section below
the amount so appropriated for the fiscal year
2002-2003 ("the base year"). These baseline ap-
propriations shall be separate from the City's
annual contributions to the Public Education
Enrichment Fund under subsection (c), and shall
be appropriated by the City to the School District
each year during the term of this measure for the
same purposes and in the same relative propor-
tions among those purposes as in the base year,
as certified by the Controller.

The amount of the City's baseline appropria-
tions to the School District shall be adjusted for
each year after the base year by the Controller

based on calculations consistent from year to
year by the percentage increase or decrease in
City and County discretionary General Fund
revenues. In determining City and County dis-
cretionary General Fund revenues, the Control-
ler shall only include revenues received by the
City and County that are unrestricted and may
be used at the option of the Mayor and the Board
of Supervisors for any lawful City purpose. Er-
rors in the Controller's estimate of discretionary
revenues for a fiscal year shall be corrected by an
adjustment in the next year's estimate. Using
audited financial results for the prior fiscal year,
the Controller shall calculate and publish the
actual amount of City appropriations that would
have been required under this baseline for the
School District.

(c) Annual Contributions to the
Fund— FY 2005-2006 through FY 2009-2010.
In addition to the annual baseline appropriation
provided above, the City shall, for years two
through six of this measure, contribute the fol-
lowing amounts to the Public Education Enrich-
ment Fund:

Fiscal Year 2005-06 $ 10 million

Fiscal Year 2006-07 $ 20 milhon

Fiscal Year 2007-08 $ 30 milhon

Fiscal Year 2008-09 $ 45 milhon

Fiscal Year 2009-10 $ 60 milhon

(d) Annual Contributions to the Fund-FY
2010-11 through FY 2014-15. For Fiscal Years
2010-11 through FY 2014-15, the City's annual
contribution to the Public Education Enrichment
Fund shall equal its total contribution for the
prior year, beginning with Fiscal Year 2009-
2010, adjusted for the estimated increase or
decrease in discretionary General Fund rev-
enues for the year.

(e) Audit Requirements. All disburse-
ments from the Fund and from the baseline
appropriations shall be subject to periodic audit
by the Controller. The San Francisco Unified
School District and the First Five Commission
shall agree to such audits as a condition of
receiving disbursements from the Fund. (Added
March 2004)

275

Miscellaneous Provisions

Sec. 16.123-5.

SEC. 16.123-3. ARTS, MUSIC, SPORTS,
AND LIBRARY PROGRAMS.

Each year during the term of this measure,
the City shall appropriate one-third of the money
in the Public Education Enrichment Fund to the
San Francisco Unified School District for arts,
music, sports, and library programs in the schools.
(Added March 2004)

SEC. 16.123-4. UNIVERSAL ACCESS TO
PRESCHOOL.

(a) Universal Access to Preschool. It shall
be the policy of the City and County of San
Francisco to provide all four-year-old children
who are City residents the opportunity to attend
preschool, and it shall be the goal of the people in
adopting this measure to do so no later than
September 1, 2009.

(b) Planning Process. No later than Sep-
tember 1, 2004, the First Five Commission, in
consultation with the San Francisco Childcare
Planning and Advisory Council, the San Fran-
cisco Unified School District, the San Francisco
Department of Children, Youth and Their Fami-
lies, and community stakeholders, shall submit
to the Board of Supervisors a proposal for a
universal preschool program for San Francisco.
The Board of Supervisors shall approve the plan
by resolution; if the Board does not approve the
plan, it may refer the plan back to the First Five
Commission for revision.

In preparing the plan, the First Five Com-
mission shall develop universal preschool fund-
ing guidelines consistent with the Childcare Plan-
ning and Advisory Council's San Francisco
Childcare Needs Assessment, including guide-
lines designed to meet neighborhood-specific
needs, such as subsidies, new facility develop-
ment, and provider support for both family child-
care homes and childcare centers. Such funding
guidelines also shall address the unmet need for
universal preschool and childcare slots in spe-
cific City neighborhoods.

(c) Annual Disbursements. Each year dur-
ing the term of this measure, the City shall
appropriate one-third of the money in the Public
Education Enrichment Fund to the First Five

Commission for universal preschool programs
administered by the Commission. (Added March
2004)

SEC. 16.123-5. OTHER CITY SUPPORT
FOR THE SAN FRANCISCO UNIFIED
SCHOOL DISTRICT.

(a) In-Kind Support. Not later than one
year after the effective date of this measure, the
City and the School District shall identify areas
of potential in-kind support that the City could
provide to the School District free of charge or at
substantially reduced rates. In-kind support, for
these purposes, may include, but is not limited
to:

Learning support services, including health,
counseling, social work, and nutrition ser-
vices;

Financial support services;

Telecommunication and information services;

Construction management services;

Utility services;

Transportation services;

Legal services; and

Public safety services.

(b) Planning Process. No later than six
months after the effective date of this measure,
the School District shall submit to the Board of
Supervisors proposals for in-kind services that
could be provided by the City to the District to
further the educational goals and operations of
the District. The Board shall distribute those
proposals to all City departments having exper-
tise in providing or capability to provide such
in-kind services, and no later than nine months
after the effective date of this measure, the
departments will respond to the Board with
proposals to provide such in-kind services to the
District. The School District may use any direct
financial support provided under this Section to
hire consultants to help identify possible in-kind
services. The Board of Supervisors may, by ordi-
nance, provide for continuation of this planning
process during the subsequent term of the mea-
sure.

Sec. 16.123-5.

San Francisco - Charter

276

(c) Annual Disbursements. Each year dur-
ing the term of this measure, the City shall
provide direct financial assistance from the Pub-
lic Education Enrichment Fund to the San Fran-
cisco Unified School District, in an amount equal
to one-third of the money in the Fund, or in-kind
support services of equal value.

(d) Permissible Uses. The San Francisco
Unified School District may expend funds pro-
vided as direct financial support under this Sec-
tion for any educational or support purpose pro-
vided under law, including, but not limited to,
gifted and talented programs, magnet programs,
literacy programs, dual-language immersion pro-
grams, special education, employee compensa-
tion, career and college centers at high schools,
teacher mentoring or master teacher programs,
or other instructional purposes. The City recog-
nizes that in providing such programs and ser-
vices, a well-run school district requires both
certificated and classified staff, and urges the
San Francisco Unified School District to hire
both certificated and classified staff to carry out
the purposes of this measure.

(e) Within one year of the effective date of
this measure, the School District, with the assis-
tance of the City's Department of Public Health,
Department of Human Services, and Depart-
ment of Children, Youth, and Their Families,
shall conduct an assessment of health, counsel-
ing, social work, and nutritional needs of pupils
in the District, including problems related to
asthma and other chronic diseases. The City
may appropriate a specific portion of the disbiu'se-
ment under this Section through its annual
appropriation process for these purposes, pursu-
ant to recommendations from the School Dis-
trict. (Added March 2004)

SEC. 16.123-6. EXPENDITURE PLANS.

(a) No later than February 1 of each year
during the term of this measure, the San Fran-
cisco Unified School District and the First Five
Commission shall each submit an expenditure
plan for funding to be received from the Public
Education Enrichment Fund for the upcoming
fiscal year. The proposed expenditure plans must
include prior year total budgeted and expended

appropriations and Fund budgeted and ex-
pended appropriations by category, as well as
average daily attendance information for the
prior year and anticipated average daily atten-
dance information for the plan year, to facilitate
multi-year comparison.

(b) The Controller shall review the plans
and transmit them, with his or her comments, to
the Mayor and the Board of Supervisors for their
review and comment.

(c) The plans shall include a budget for the
expenditures, performance goals, target popula-
tions, hiring and recruitment plans for person-
nel, plans for matching or other additional fund-
ing, operating reserves, and any other matters
that the District and Commission deem appro-
priate or the Mayor or the Board requests.

(d) TheMayor and the Board of Supervisors
may request further explanation of items in-
cluded in the plans, and the District and the
Commission shall respond in a timely manner to
such inquiries. The Board may place appropria-
tions provided for under this measure on reserve
until it has received adequate responses to its
inquiries. (Added March 2004)

SEC. 16.123-7. STRUCTURAL SAVINGS
TO THE CITY'S BUDGET.

(a) Controller's and Budget Analyst's
Recommendations. Not later than October 1 of
each fiscal year from Fiscal Year 2005-06 through
2009-10, the Controller and the Board of Super-
visors' Budget Analyst shall prepare and submit
recommended cuts or other structural changes to
reduce, on an ongoing basis, spending on City
departmental operations, or identify new rev-
enues, in an amount sufficient to meet each
year's required funding for the Public Education
Enrichment Fund.

(b) Board of Supervisors' Proposals. Not

later than December 15 of each fiscal year from
Fiscal Year 2005-06 through Fiscal Year 2009-10,
the Board of Supervisors shall hold hearings on
the recommendations made by the Controller
and the Budget Analyst and shall forward its
proposals to the Mayor.

277

Miscellaneous Provisions

Sec. 16.123-8.

(c) Budget Requirements. In his/her an-
nual budget submission to the Board of Supervi-
sors for each fiscal year from Fiscal Year 2005-06
through Fiscal Year 2009-10, the Mayor shall
incorporate the Board of Supervisors' proposals,
or identify alternative revenue or expenditure
savings sufficient to appropriate funds to the
Public Education Enrichment Fund according to
the schedule set forth in Section 16.123-2 of this
measure. (Added March 2004)

SEC. 16.123-8. ADJUSTMENTS.

(a) In any year of this measure, if the joint
budget report as prepared by the Controller, the
Mayor's Budget Director and the Board of Super-
visors' Budget Analyst projects a budgetary short-
fall of $100 million dollars or more, the Mayor
and the Board of Supervisors may reduce the
City's contribution to the Public Education En-
richment Fund under Section 16.123-2, and its
disbursements under Sections 16.123-3, 16.123-4,
or 16.123-5, by up to 25 percent; provided, how-
ever, that the City must pay back the amount
deferred within the period from June 30, 2015,
the last day of the term of this measure, and
June 30, 2018, a date three years later, unless
the voters extend this measure beyond July 1,
2015 or authorize a substantially similar mea-
sure at that time.

(b) Audit Recommendations. The Mayor
and the Board of Supervisors may suspend the
City's disbursements from the baseline appro-
priations or the Public Education Enrichment
Fund under Sections 16.123-3, 16.123-4, or
16.123-5 in whole or in part for any year where
the Controller certifies that the San Francisco
Unified School District or the First Five Commis-
sion has failed to adopt audit recommendations
made by the Controller,

As part of the audit function, the Controller
shall review performance and cost benchmarks
developed by the School District and the First
Five Commission in consultation with the Con-
troller for programs funded under this measure.
The Commission's performance and cost bench-
marks shall be based on the same performance
and cost benchmarks as are required for other
City departments, and on comparisons with other

cities, counties, and public agencies performing
similar functions. The School District's perfor-
mance and cost benchmarks shall be based on
similar standards.

In particular, the Controller shall assess:

(1) Measures of workload addressing the
level of service being provided or providing an
assessment of need for a service;

(2) Measures of efficiency including cost per
unit of service provided, cost per unit of output,
or the units of service provided per fall time
equivalent position; and

(3) Measures of effectiveness including the
quality of service provided, citizen perceptions of
quality, and the extent a service meets the needs
for which it was created.

The Controller's audits may address the ex-
tent to which the School District and the First
Five Commission have met their respective per-
formance and cost benchmarks.

(c) Reserve Policies. The Mayor and the
Board of Supervisors may suspend the City's
disbursements from the baseline appropriations
or the Public Education Enrichment Fund under
Sections 16.123-2, 16.123-4, or 16.123-5 in whole
or in part for any year where the Controller
certifies that the San Francisco Unified School
District or the First Five Commission has failed
to adopt reserve policies recommended by the
Controller.

(d) Transfer and Use of Suspended Dis-
tributions. If the Mayor and the Board of Su-
pervisors suspend City distributions from the
baseline appropriations or the Public Education
Enrichment Fund under subsections (b) or (c),
the City shall transfer the amount that would
otherwise be distributed from the baseline ap-
propriations or the Public Education Enrich-
ment Fund for that year to the Children's Fund
established in Charter Section 16.108, for the
provision of substantially equivalent services
and programs.

(e) New Local Revenues. The Board of
Supervisors may, by ordinance, proportionally
reduce the contribution to the Public Education
Enrichment Fund and the disbursements to the
San Francisco Unified School District and the

Sec. 16.123-8.

San Francisco - Charter

278

First Five Commission required by this measure
if the voters of San Francisco adopt new, dedi-
cated revenue sources for the School District or
the Commission, and the offsetting reduction in
disbursements is specifically authorized by the
local revenue measure.

(f) New State Revenues. The Board of
Supervisors may, by ordinance, proportionally
reduce the contribution to the Public Education
Enrichment Fund and the disbursements to the
San Francisco Unified School District required
by this measure if the percentage increase in
per-pupil Revenue Limit funding provided by the
State of California to the San Francisco Unified
School District in any fiscal year exceeds the
percentage increase in the City's cost of living
during the previous fiscal year.

The Board of Supervisors may, by ordinance,
proportionally reduce the contribution to the
Public Education Enrichment Fund and the dis-
bursements to the First Five Commission if the
State of California provides funding to the City
for universal preschool, provided that such dis-
bursements are not required to match state
and/or other funding.

(g) Eighteen months prior to the expiration
of this measure, the Controller shall conduct a
complete analysis of the outcomes of the pro-
grams funded through the Public Education En-
richment Fund. The Controller's study shall also
address changes in the levels of state and federal
funding for local schools, per-pupil spending in
the San Francisco Unified School District com-
pared to urban school districts of similar size.
The Controller shall present the results of this
analysis to the Mayor and the Board of Supervi-
sors no later than nine months prior to the
expiration of the measure. (Added March 2004)

SEC. 16.123-9. STATE REDISTRIBUTION
OF LOCAL EDUCATION REVENUES.

(a) The people of the City and County of
San Francisco find and declare that major urban
school districts, such as San Francisco, serve an
ethnically and economically diverse student popu-
lation that requires more resources than cur-
rently provided under state guidelines. In adopt-

ing this measure, the people of San Francisco
choose to provide additional City resources to
complement, and not supplant, state funding for
the San Francisco Unified School District.

(b) Consistent with subsection (a), the people
of the City and County of San Francisco specifi-
cally find that their contributions to and disburse-
ments from the baseline appropriations and the
Public Education Enrichment Fund are discre-
tionary expenditures by the City for the direct
benefit of the children of San Francisco, their
families, and the community at large. In the
event that the State attempts, directly or indi-
rectly, to redistribute these expenditures to other
jurisdictions or to offset or reduce State funding
to the School District because of these expendi-
tures, the City shall transfer said monies that
would otherwise be distributed to the School
District each year to the City's Children's Fund
established in Charter Section 16.108, for the
provision of substantially equivalent services
and programs. (Added March 2004)

SEC. 16.123-10. SUNSET.

The provisions of this measure shall expire in
eleven years, at the end of Fiscal Year 2014-15,
unless extended by the voters. (Added March
2004)

SEC. 16.124. BOARD OF SUPERVISORS
AUTHORIZED TO RESPOND TO
CERTAIN ORDERS OR REQUESTS FOR
THE PRODUCTION OF CITY RECORDS.

(a) The Board of Supervisors may, by reso-
lution, designate as a "watch law" any state or
federal law or regulation that calls for, autho-
rizes, or requires the production by any City
officer, employee, agency, department or office of
information, records, or other tangible things
held by the City, the disclosure of which could
violate the rights of any individuals under the
State or Federal Constitutions.

(b) The Board of Supervisors may provide,
by ordinance, that it shall respond on behalf of
the City and County of San Francisco to all
orders or requests for the production of informa-

279 Miscellaneous Provisions Sec. 16.125.

tion, records or other tangible things served on
the City and County under any law designated
as a watch law.

(c) The Board may adopt procedures for
expedited consideration of orders or requests for
production where necessary to comply with legal
deadlines for responding. Prior to acting by reso-
lution of the full Board of Supeivisors, the Board
may refer the order or request to a committee of
its members for a recommendation to the full
Board, after consultation with the City Attorney,
on an appropriate course of action. To the extent
federal or state law would prohibit public disclo-
sure of information that the Board of Supervi-
sors needs to discuss in order to discharge its
powers under this Section, the Board may meet
in closed session for the limited purpose of dis-
cussing that information. (Added March 2004)

SEC. 16.125. DOMESTIC PARTNERSHIP.

The Board of Supervisors may, by a vote of
three-fourths of its members, amend or repeal
the voter approved Domestic Partnership Ordi-
nance, as codified in Chapter 62 of the San
Francisco Administrative Code, as it deems nec-
essary (1) to eliminate any residency require-
ment for establishing a Domestic Partnership by
filing with the County Clerk, (2) to recognize
domestic partnerships formed in other jurisdic-
tions to the same extent as marriages formed in
other jurisdictions, and (3) to afford domestic
partners, to the fullest extent legally possible,
the same rights, benefits, responsibilities, obli-
gations and duties as spouses. (Added March
2004)

San Francisco - Charter 280

[The next page is 301]

ARTICLE XVII: DEFINITIONS

For all purposes of this Charter, the following
terms shall have the meanings specified below:

"Business day" shall mean any day other
than a Saturday, Sunday or holiday on which
governmental agencies are authorized by law date of this Charter in accor-
dance with the rules and regulations governing
layoffs. Such provisional employees may qualify
for certification as eligibles under rules and
regulations expressly authorized by civil service
rules approved by the Board of Supervisors.
Such rules may establish special credit for civil
service examinations for years of service or,
through other methods, recognize the service of
such employees who have held such emplo5rment
for more than six months at the operative date of
this Charter.

SEC. 18.111. ASIAN ART MUSEUM
STATUS.

During such time as the Asian Art Museum is
located in a wing of the M. H. de Young Memorial
Museum, the Commission shall control and man-
age the collections housed in that wing as pro-
vided for in the July 2, 1969 Management Agree-
ment between the Committee of Asian Art gmd
Culture and the Board of Trustees of the de
Young Museum, a copy of which is on file with
the Clerk of the Board of Supervisors.

325

Transition Provisions

Sec. 18.115.

SEC. 18.112. PREPARATION AND
INDEXING OF THIS CHARTER.

The City Attorney shall correct typographical
errors and prepare an index prior to the opera-
tive date and publication of this Charter.

SEC. 18.113. MISSION-DRIVEN BUDGET
PHASE-IN.

The mission-driven budget process shall be
phased in over a three-year period with the
Mayor identifying for each of the three years
approximately one-third of the City departments
that shall thenceforth be required to comply with
the requirements of Sections 9.114, 9.115 and
9.116.

SEC. 18.114. COMMISSION TERMS.

Whenever a new board or commission is
created in this Charter, or additional members
are added to an existing board or commission,
the Mayor shall appoint the initial members to
staggered terms.

SEC. 18.115. DELETION OF
ORDINANCES REGULATING CONFLICTS
OF INTEREST AND TRANSFER OF
CHARTER SECTIONS REGULATING
CONFLICTS OF INTEREST INTO THE
CAMPAIGN AND GOVERNMENTAL
CONDUCT CODE.

(a) On the effective date of this Charter
Amendment, Section 1.50 of the Administrative
Code and Section 1.200; Article III, Chapter 2
and Section 3.200; Article III, Chapter 3 and
Section 3.300; Article III, Chapter 4 and Sections
3.400 and 3.405; Article III, Chapter 5 and Sec-
tions 3.500, 3.505, 3.510. 3.515, 3.520, 3.525,
3.530, 3.535, 3.540, 3.545; Article III, Chapter 6
and Section 3.600; and Article III, Chapter 7 and
Sections 3.700, 3.705, 3.710, 3.715, 3.720, 3.725,
3.730, 3.735, and 3.740 of the Campaign and
Governmental Conduct Code shall be deemed
repealed, and the City Attorney is authorized
and directed to take appropriate steps to remove
them from future editions of published codes.

(b) On the effective date of this Charter
Amendment, Charter Sections C9.101 - C9.127
shall be deemed enacted into ordinance, and the

City Attorney is directed and authorized to codify
Section C9.101 as Administrative Code Section
1.50; Section C9.102 as Campaign and Govern-
mental Conduct Code Section 1.200; Section
C9.103 as Campaign and Governmental Conduct
Code Section 3.1-102.5; Section C9.127 in a new
Chapter 3 of the Campaign and Governmental
Conduct Code titled "Ethics Commission" as Sec-
tion 3.300; and the remaining sections in a new
Chapter 2 of the Campaign and Governmental
Conduct Code titled "Conflict of Interest and
Other Prohibited Activities" as follows: Section
C9.104 as Section 3.200; Section C9.105 as Sec-
tion 3.202; Section C9.106 as Section 3.204;
Section C9.107 as Section 3.206; Section C9.108
as Section 3.208; Section C9.109 as Section 3.210;
Section C9.110 as Section 3.212; Section C9.111
as Section 3.214; Section C9.112 as Section 3.216;
Section C9.113 as Section 3.218; Section C9.114
as Section 3.220; Section C9.115 as Section 3.222;
Section C9.116 as Section 3.224; Section C9.117
as Section 3.226; Section C9.118 as Section 3.228;
Section C9.119 as Section 3.230; Section C9.120
as Section 3.232; Section C9.121 as Section 3.234;
Section C9.122 as Section 3.236; Section C9.123
as Section 3.238; Section C9.124 as Section 3.240;
Section C9.125 as Section 3.242; and Section
C9.126 as Section 3.244.

These sections may be amended by the Board
of Supervisors if (a) the amendment serves the
purposes of the Ordinance; (b) the Ethics Com-
mission approves the proposed amendment by at
least a four-fifths vote of all its members; (c) the
proposed amendment is available for public re-
view at least 30 days before the amendment is
considered by the Board of Supervisors; and (d)
the Board of Supervisors approves the proposed
amendment by at least a two-thirds vote of all its
members. (Added November 2003)

San Francisco - Charter 326

[The next page is 335]

CHARTER APPENDICES

Appendix A. Employment Provisions

Appendix B. Port Agreements

Appendix C. Ethics Provisions

Appendix D. Building Inspection Provisions

Appendix E. Supervisorial District Boundaries

Appendix F. Authority and Duties of City Services Auditor

335

San Francisco - Charter 336

[INTENTIONALLY LEFT BLANK]

APPENDIX A: EMPLOYMENT PROVISIONS*

* Citations in these appendices to other Charter sections refer to provisions of the 1932 Charter, as
amended. Not all of those provisions have been carried forward under the new Charter.

A7.204 Contractors' Working Conditions

A8.329 Certification of Ehgibles

A8.341 Removal or Discharge of

Permanent, Non-Probationary

Employees
A8.342 Disciplinary Suspensions

A8.343 Fine, Suspension and Dismissal

in Police and Fire Departments
A8.344 Temporary Suspension Pending

Commission Hearing;

Exoneration of Charges

A8.345 Disciplinary Action against

Striking Employees
A8.346 Disciplinary Action against

Striking Employees other than

Members of Police and Fire

Department
A8.364 Authorization to Transfer

Unused Sick Leave
A8.365 Compensation During Parental

Leave
A8.365-1 Definition

A8.365-2 Eligibility

A8.365-3 Duration

A8. 365-4 Supplemental Compensation

A8. 365-5 Reimbursement

A8.365-6 Non-Vested Benefit

A8.365-7 Rules for Administration,

Interpretation and Regulation of

Parental Leave
A8.400 General Rules for Establishing

and Paying Compensation
A8.401 Early Retirement Benefits

Targeted to Mitigate Layoffs
A8.401-1 Purpose

A8.401-2 Early Retirement Benefits

A8.401-3 Authority

A8.401-4 Schedule

A8.401-5

Eligibility

A8.401-6

Notification Procedure

A8.401-7

Extension

A8.401-8

Costs

A8.401-9

School and Community College

Districts

A8.401-10

Non- Vested Benefit

A8.401-11

Discretionary Authority

A8.402

Compensation of Teachers,

Part-Time Employees and

Certain Other Groups

A8.403

Compensation for Registered

Nurse Classifications

A8.404

Salaries and Benefits of Carmen

A8.405

Salaries of Uniformed Forces in

the Police and Fire

Departments

A8.406

Salary Deductions

A8.409

Declaration of Policy

A8.409-1

Employees Covered

A8.409-2

Interim Provisions

A8.409-3

Obligation to Bargain in Good

Faith

A8.409-4

Impasse Resolution Procedures

A8.409-5

Retirement Benefits

A8.409-6

Employee Relations Rules

A8.410

Reimbursement of Expenses

A8.411

Payment for Repair or

Replacement of Equipment

A8.420

Establishment of and

Membership in Health Service

System

A8.421

Adoption of Plans for Residents

A8.422

Adoption of Plans for Members

A8.423

Revision of Schedules and

Compensation

A8.424

Specificity Required

337

San Francisco - Charter

338

A8.425 Persons Covered

A8.426 Right of Selection

A8.427 Effect of Other Charter

Provisions
A8.428 Health Service System Trust

Fund
A8.429 Contributions to Fund

A8.430 "Medical Care" Defined

A8.431 Limitation of Claims by

Members
A8.432 Transition

A8.440 Annual Vacations of Employees

A8.441 Authorization to Transfer

Vacation Credits
A8.450 Municipal Railway

A8.451 Police Department

A8.452 Fire Department

A8.500 Retirement System for Officers

and Employees
A8.500-1 Reciprocal Pension Benefits

with the Retirement System

and with Other Public Pension

Plans
A8.500-2 Domestic Partner Qualified

Survivor Benefits
A8.502 Retirement of Elective Officers

A8.503 Retirement — Court Employees

and Attaches
A8.504 Retirement — Parking Authority

Employees
A8.505 Retirement — Port Authority

Employees
A8.506 Sheriffs Department

A8.506-1 Teachers in the San Francisco

Unified School District and San

Francisco Community College

District
A8.506-2 Miscellaneous Safety Employees

A8.506-3 Housing Authority Police

A8.506-4 Per Diem Nurses on January 1,

1988
A8.506-5 District Attorneys, Pubhc

Defenders and Public Defender

Investigators

A8.507
A8.508
A8.509

A8.510

A8.511
A8.512

A8.513

A8.514
A8.515

A8.516
A8.517

A8.518
A8.519

A8.520
A8.521

A8.522

A8.522-1

A8.522-2

A8.522-3
A8.522-5
A8.525

A8.526

A8.526-1

A8.527
A8.530

Miscellaneous Officers and

Employees on January 8, 1932

Pacific Gas & Electric Company

Employees

Retirement — Miscellaneous

Officers and Employees on and

after July 1, 1947

Actuarial Tables, Rates and

Valuations

Pensions of Retired Persons

Relinquishment of Certain

Retirement Allowances

Credit on Current

Contributions, for Certain

Public Reserves Released by

Withdrawal or Relinquishment

by Retiring or Retired Teachers

Social Security Coverage

Compensation Insurance

Payments

Disability Benefits

Elimination of Mandatory

Retirement

Hearing Officer

Retirement System Credit for

Representative Service

Continuous Service

Credit for Certain Military-
Service

Early Retirement Benefits
Early Retirement Benefits
Recalculation/Effective Date of
Retirement
Return to Service
Compliance with Tax Laws
Contributions to Retirement
Fund

Cost of Living Adjustment in
Allowances

Supplemental Cost of Living
Benefit

Community Property Rights
Retirement — Miscellaneous
Officers and Employees prior to
July 1, 1947

339

Appendix A: Employment Provisions

A8.531

A8.532

A8.533

A8.534

A8.535

A8.536

A8.537

A8.538

A8.539

A8.539-1

A8.539-2

A8.539-3

Increasing Retirement
Allowances of Miscellaneous
Officers and Employees Retired
prior to July 1, 1947
Increasing Retirement
Allowances of Miscellaneous
Officers and Employees Retired
prior to July 1, 1952
Increasing Retirement
Allowances of Miscellaneous
Officers and Employees Retired
prior to July 1, 1947
Increasing Retirement
Allowances of Miscellaneous
Officers and Employees Retired
prior to July 2, 1952
Increasing Retirement
Allowances of Miscellaneous
Officers and Employees Retired
on or after July 1, 1947, and
prior to April 1, 1966
Increasing retirement
allowances of Miscellaneous
Officers and Employees Retired
on or after July 1, 1947, and
prior to July 1, 1974
Increasing Retirement
Allowances of Miscellaneous
Officers and Employees Retired
under Section 8.507 prior to
January 1, 1972

Increasing of Certain
Retirement Allowances in Effect
prior to July 1, 1977
Increasing Retirement
Allowances of Miscellaneous
Officers and Employees Retired
prior to July 2, 1980
Increasing Retirement
Allowances of Miscellaneous
Officers and Employees Retired
prior to July 2, 1985

Increasing Retirement
Allowances of Miscellaneous
Officers and Employees Retired
prior to July 2, 1988
Increasing Retirement

Allowances of Miscellaneous

Officers and Employees Retired

prior to July 2, 1991

A8.540

Members of the Police

Department of January 8, 1932

A8.541

Salary Base, For Retirement

Purposes, of Former Rank of

Corporal of Police

A8.542

Police Department — Retired

Members and Beneficiaries on

January 8, 1932

A8.543

Members of the Police

Department-January 8, 1932 to

July 1, 1945

A8.544

Members of the Police

Department after July 1, 1945

A8.545

Definitions

A8.546

Service Retirement

A8.547

Retirement for Incapacity

A8.548

Death Allowance

A8.549

Pa5niient of Surviving

Dependents

A8.550

Adjustment of Allowances

A8.551

Adjustment of Allowances

because of Compensation

Benefits

A8.552

Death Benefits

A8.553

Refunds and Redeposits

A8.554

Computation of Service

A8.555

Sources of Funds

A8.556

Right to Retire

A8.557

Limitation on Employment

During Retirement

A8.558

Definition of "Final

Compensation" — ^Allowances

First Payable prior to July 1,

1975

A8.559

Members of the Police

Department on and after July 1

1975

A8.559-1

Definitions

A8.559-2

Service Retirement

A8.559-3

Retirement for Incapacity

A8.559-4

Death Allowance

San Francisco - Charter

340

A8.559-5 Payment to Surviving

Dependents
A8. 559-6 Adjustment of Allowances

A8.559-7 Adjustment for Compensatory

Pajnnents
A8.559-8 Death Benefit

A8. 559-9 Refunds and Redeposits

A8.559-10 Computation of Service

A8.559-11 Sources of Funds

A8.559-12 Right to Retire

A8.559-13 Limitation in Emplojnnent

during Retirement
A8.559-14 Right to Transfer
A8.559-15 Vesting
A8.560 Definition, Members of Fire and

Police Department
A8.561 Pension Provisions — Dependent

of Members of Fire and Police

Departments Killed in Line of

Duty
A8.562 Credit for Service in

Underwriters' Fire Patrol
A8.565 Members of Fire Department on

January 8, 1932
A8.566 Fire Department — Retired

Members and Beneficiaries on

January 8, 1932
A8.567 Members of the Fire

Department — January 8, 1932

to July 1, 1949
A8.568 Member of the Fire Department

after July 1, 1949
A8.569 Definitions

A8.570 Service Retirement

A8.571 Retirement for Incapacity

A8.572 Death Allowance

A8.573 Payments to Surviving

Dependents
A8.574 Adjustment of Allowances

A8.575 Adjustment for Compensation

Pa3rments
A8.576 Death Benefit

A8.577 Refunds and Redeposits

A8.578 Computation of Service

A8.579 Sources of Funds

A8.580 Right to Retire

A8.581 Limitation on Emplo3nnent

during Retirement
A8.582 Definition of "Final

Compensation" — ^Allowances

First Payable prior to July 1,

1975
A8.584 Retirement — Miscellaneous

Officers and Employees after

November 1, 1976
A8.584-1 Definitions

A8.584-2 Service Retirement

A8.584-3 Retirement for Incapacity

A8.584-4 No Adjustment for

Compensation Payments
A8.584-5 Death Benefit

A8. 584-6 Benefits upon Termination of

Membership
A8. 584-7 Computation of Service

A8.584-8 Sources of Funds

A8.584-9 Right to Retire

A8.584-10 Limitation on Employment

during Retirement
A8.584-11 Adjustment of Allowances

A8.584-12 Conflicting Charter Provisions

A8.585 Members of the Fire

Department on and after July 1,

1975
A8.585-1 Definitions

A8. 585-2 Service Retirement

A8. 585-3 Retirement for Incapacity

A8.585-4 Death Allowance

A8.585-5 Pa5rment to Surviving

Dependents
A8. 585-6 Adjustment of Allowances

A8. 585-7 Adjustment for Compensation

Pajnnents
A8.585-8 Death Benefit

A8. 585-9 Refunds and Redeposits

A8.585-10 Computation of Service

A8.585-11 Sources of Funds

A8.585-12 Right to Retire

341

Appendix A: Employment Provisions

A8. 585-13 Limitation in Employment

during Retirement
A8.585-14 Right to Transfer
A8.585-15 Vesting

A8.586 Members of the Pohce

Department after November 1,

1976
A8.586-1 Definitions

A8. 586-2 Service Retirement

A8.586-3 Retirement for Incapacity

A8.586-4 Death Allowance

A8.586-5 Pajnnent to Surviving

Dependents
A8. 586-6 Adjustment of Allowances

A8. 586-7 Adjustment for Compensation

Pajnnents

A8.586-8 Death Benefit

A8.586-9 Refunds and Redeposits

A8.586-10 Computation of Service

A8.586-11 Sources of Funds

A8.586-12 Right to Retire

A8.586-13 Limitation on Employment
during Retirement

A8.586-14 Conflicting Charter Provisions

A8.586-15 Vesting

A8.587 Retirement — Miscellaneous

Officers and Employees on and
after November 7, 2000

A8.587-1 Definitions

A8. 587-2 Service Retirement

A8. 587-3 Retirement for Incapacity

A8.587-4 No Adjustment for

Compensation Payments
A8.587-5 Death Benefit

A8. 587-6 Benefits upon Termination of

Membership

A8.587-7 Computation of Service

A8.587-8 Sources of Funds

A8.587-9 Right to Retire

A8. 587-10 Limitation on Emplojnnent

During Retirement

A8. 587-11 Adjustment of Allowances

A8.587-12 Conflicting Charter Provisions

A8.587-13

Application of Plan

A8.588

Members of the Fire

Department after November 1,

1976

A8.588-1

Definitions

A8.588-2

Service Retirement

A8.588-3

Retirement for Incapacity

A8.588-4

Death Allowance

A8.588-5

Payment to Surviving

Dependents

A8.588-6

Adjustment of Allowances

A8.588-7

Adjustment for Compensation

Pajmients

A8.588-8

Death Benefit

A8.588-9

Refunds and Redeposits

A8.588-10

Computation of Service

A8.588-11

Sources of Fines

A8.588-12

Right to Retire

A8.588-13

Limitation on Employment

during Retirement

A8.588-14

Conflicting Charter Provisions

A8.588-15

Vesting

A8.590-1

Declaration of Policy

A8.590-2

Employees Covered

A8.590-3

Prohibition against Strikes

A8.590-4

Obligation to Negotiate in Good

Faith

A8.590-5

Impasse Resolution Procedures

A8.590-6

Retiree Benefit Adjustments

A8.590-7

Preservation of Tax Benefits

A8.595

Members of the Police

Department on January 1, 2003

who are Members of the

Retirement System under

Charter Section A8.559

A8.595-1

Definitions

A8.595-2

Service Retirement

A8.595-3

Retirement for Incapacity

A8.595-4

Death Allowance

A8.595-5

Pajmaent to Surviving

Dependents

A8.595-6

Adjustment of Allowances

A8.595-7

Adjustment for Compensation

Payments

Supp. No. 15, March 2008

San Francisco - Charter

342

A8.595-8

Death Benefit

A8.595-9

Refunds and Redeposits

A8.595-10

Computation of Service

A8.595-11

Sources of Funds

A8.595-12

Right to Retire

A8.595-13

Limitation in Emplo3Tiient

During Retirement

A8.595-14

Vesting

A8.596

Members of the Fire

Department on January 1, 2003

who are Members of the

Retirement System under

Charter Section A8.585

A8.596-1

Definitions

A8.596-2

Service Retirement

A8.596-3

Retirement for Incapacity

A8.596-4

Death Allowance

A8.596-5

Pa3niient to Surviving

Dependents

A8.596-6

Adjustment of Allowances

A8.596-7

Adjustment for Compensation

Payments

A8.596-8

Death Benefit

A8.596-9

Refunds and Redeposits

A8.596-10

Computation of Service

A8.596-11

Sources of Funds

A8.596-12

Right to Retire

A8.596-13

Limitation in Employment

During Retirement

A8.596-14

Vesting

A8.597

Members of the Police

Department on January 1, 2003

who are Members of the

Retirement System under

Charter Section A8.586, and

Members of the Police

Department after January 1,

2003

A8.597-1

Definitions

A8.597-2

Service Retirement

A8.597-3

Retirement for Incapacity

A8.597-4

Death Allowance

A8.597-5

Pajnnent to Surviving

Dependents

A8.597-6

Adjustment of Allowances

A8.597-7

Adjustment for Compensation

Pajmients

A8.597-8

Death Benefit

A8.597-9

Refunds and Redeposits

A8.597-10

Computation of Service

A8.597-11

Sources of Funds

A8.597-12

Right to Retire

A8.597-13

Limitation on Emplojrment

During Retirement

A8.597-14

Conflicting Charter Provisions

A8.597-15

Vesting

A8.598

Members of the Fire

Department on January 1, 2003

who are Members of the

Retirement System under

Charter Section A8.588, and

Members of the Fire

Department afl:er January 1,

2003

A8.598-1

Definitions

A8.598-2

Service Retirement

A8.598-3

Retirement for Incapacity

A8.598-4

Death Allowance

A8.598-5

Pajnnent to Surviving

Dependents

A8.598-6

Adjustment of Allowances

A8.598-7

Adjustment for Compensation

Payments

A8.598-8

Death Benefit

A8.598-9

Refunds and Redeposits

A8.598-10

Computation of Service

A8.598-11

Sources of Funds

A8.598-12

Right to Retire

A8.598-13

Limitation on Employment

During Retirement

A8.598-14

Conflicting Charter Provisions

A8.598-15

Vesting

A8.599

Tax-Deferred Plans for

Accumulated Compensation

A8.900

Preamble.

A8.901

Eligibility to Participate in the

Deferred Retirement Option

Program.

Supp. No. 15, March 2008

342.1 Appendix A: Employment Provisions A7.204

A8.902 Effect of Disability on

Continued Participation.
A8.903 The Effect of Participation in

the DROP Upon Pension

Benefit Calculations.
A8.904 Estabhshment of the DROP

Account.
AS. 905 Rights of Surviving Spouse,

Domestic Partner, or

Dependents.
A8.906 Termination of Participation in

the DROP
A8.907 Employment Status of the

Member During Participation in

the DROP.
A8.908 Compliance with Tax Laws.

A8.909 Determination of Cost

Neutrality.
A8.910 Withdrawal or Rollover of

DROP Accounts.

A7.204 CONTRACTORS' WORKING
CONDITIONS

Every contract for any public work or improve-
ment to be performed at the expense of the City

Supp. No. 15, March 2008

[INTENTIONALLY LEFT BLANK]

Supp. No. 15, March 2008

343

Appendix A: Employment Provisions

A7.204

and County, or paid out of moneys deposited in
the treasury, whether such work is to be done
directly under contract awarded, or indirectly by
or under subcontract, subpartnership, day labor,
station work, piece work, or any other arrange-
ment whatsoever, must provide:

(a) that in the performance of the contract
and all work thereunder, eight hours shall be the
maximum hours of labor on any calendar day,
except that hours of labor in excess of eight hours
per day may be permitted when conditions so
warrant upon the approval of the department
head responsible for the supervision of the con-
tract, provided that compensation for all hours
worked in excess of eight hours per day conforms
to the requirements of the Labor Code of the
State of California and all applicable federal
laws;

(b) that any person performing labor there-
under shall be paid not less than the highest
general prevailing rate of wages in private em-
ployment for similar work; however, the Board of
Supervisors may by resolution exempt from the
prevailing wage requirement any contract where
the work is to be performed by a non-profit
organization that provides job training and work
experience for disadvantaged individuals in need
of such training and experience, and either (1)
has a board of directors which is appointed by
the Mayor, or (2) exists primarily to design and
build urban gardens, yards and play areas;

(d) that all laborers employed in the execu-
tion of any contract within the limits of the City
and County shall have been residents of the City
and County for a period of one year immediately
preceding the date of their engagements to per-
form labor thereunder; provided, however, that
the officer empowered to award any such con-
tract may, upon application of the contractor,
Wciive such residence qualifications and issue a
permit specifying the extent and terms of such
waiver whenever the fact be established that the
required number of laborers and mechanics pos-

sessing qualifications required by the work to be
done cannot be engaged to perform labor there-
under.

The term "public work" or "improvement," as
used in this section shall, include the fabrication,
manufacturing or assembling of materials in any
shop, plant, manufacturing establishment or other
place of employment, when the said materials
are of unique or special design, or are made
according to plans and specifications for the
particular work or improvement and any arrange-
ment made for the manufacturing, fabrication or
assembling of such materials shall be deemed to
be a contract or a subcontract subject to the
provisions of this section.

The board of supervisors shall have fall power
and authority to enact all necessary ordinances
to carry out the terms of this section and may by
ordinance provide that any contract for any
public work or improvement or for the purchase
of materials which are to be manufactured, fab-
ricated or assembled for any public work or
improvement, a preference in price not to exceed
10 percent shall be allowed in favor of such
materials as are to be manufactured, fabricated
or assembled within the City and County of San
Francisco as against similar materials which
may be manufactured, fabricated or assembled
outside thereof. When any such materials are to
be fabricated, assembled or manufactured by
any subcontractor or materialman for the pur-
pose of supplying the same to any contractor
bidding on or performing any contract for any
public work or improvement, said sub-contractor
or materialman manufacturing, fabricating, as-
sembling or furnishing said materials manufac-
tured, assembled or fabricated within the City
and County of San Francisco shall be entitled to
the same preferential as would any original
contractor or materialman furnishing the same
if the board of supervisors by ordinance so pro-
vide. When any ordinance shall so provide any
officer, board or commission letting any contract
may in determining the lowest responsible bid-
der for the doing or performing of any public
work or improvement add to said bid or sub-bid
an amount sufficient not exceeding 10 percent in

A7.204

San Francisco - Charter

344

order to give preference to materials manufac-
tured, fabricated or assembled within the City
and County of San Francisco.

A8.329 CERTIFICATION OF ELIGIBLES

Whenever a position controlled by the civil
service provisions of this Charter is to be filled,
the appointing officer shall make a requisition to
the department of human resources for a person
to fill it. Thereupon, the department shall certify
to the appointing officer the names and ad-
dresses of all those persons meeting the certifi-
cation rule established for that classification.
The Civil Service Commission shall establish
certification rules. Certification rules shall not
be more restrictive than the certification of all
candidates receiving the three highest scores on
the list of eligibles for such positions. The ap-
pointing officer shall fill the position by the
appointment of one of the persons certified. In
making such certification, sex shall be disre-
garded except when a statute, rule of the com-
mission or the appointing officer specifies sex;
provided however, the appointing officer shall
give due consideration to applicable civil service
equal emplojnnent opportunity (EEO) goals so as
to maximize diversity at all levels of City employ-
ment. The Mayor and the Board of Supervisors
shall annually review each department's perfor-
mance in meeting its civil service EEO obliga-
tions.

From the requisition of the appointing officer
or otherwise, the department shall determine
whether the position is, in character, temporary,
seasonal or permanent, and shall notify the
candidate in accordance therewith to the end
that the candidate may have knowledge of the
probable duration of emplo3mient. The depart-
ment shall provide for such waiver of temporary
or seasonal emplojnnent as it may deem just to
candidates.

Notwithstanding anjiihing to the contrary in
this or any other provision of the charter, an
employee who has been certified from a regularly
adopted eligible list to a non-permanent position
in a civil service classification shall be entitled to
appointment to a permanent position within
that same classification before the department

certifies to the appointing officer the names and
addresses of persons standing higher on the list
of eligibles who are not then current employees,
subject to a demonstration of satisfactory job
performance in the non-permanent position for a
period and in the manner provided by rule of the
commission. The provisions of this section as
herein amended shall only be applicable to req-
uisitions for permanent positions filled from and
after January 1, 1980.

A8.341 REMOVAL OR DISCHARGE OF
PERMANENT, NON-PROBATIONARY
EMPLOYEES

A. Any person employed under the civil
service provisions of this charter, exclusive of
members of the uniformed ranks of the police
and fire departments as provided under Section
8.343 hereof, in a position defined by the com-
mission as "permanent" may be removed or dis-
charged by the appointing officer for just cause,
after being provided with written notice of the
charges, copies of all documentation upon which
the charges are based and after an opportunity
to respond to the charges before the appointing
officer or his or her designee. Pending investiga-
tion of conduct involving misappropriation of
public funds or property, misuse or destruction of
public property, drug addiction or habitual in-
temperance, mistreatment of persons, immoral-
ity, acts which would constitute a felony or mis-
demeanor involving moral turpitude, or acts which
present an immediate danger to the public health
and safety the appointing officer may place the
accused person on unpaid administrative leave
for no more than 30 days unless the investiga-
tion shall be delayed beyond such time by the act
of the accused person. When the appointing
officer imposes discharge or removal he or she
shall, in writing, notify the person removed or
discharged of the right to appeal the discharge or
removal by mailing such statement to his last
known address. The employee shall have thirty
days from the date of mailing of the notice to file
an appeal of the matter in writing with the
appointing officer. Upon receipt of a timely ap-
peal, the appeal shall be conducted forthwith by
a qualified and unbiased hearing officer who

345

Appendix A: Employment Provisions

A8.343

shall be employed under contract by the City and
County and selected by procedures set forth in
the rules of the civil service commission. The
hearing officer shall publicly hear and determine
the appeal, and may approve the discharge or
removal, or exonerate, or suspend the accused.

If the employee is exonerated the hearing
officer may, at his or her discretion, order pay-
ment of salary to the employee for the period of
the discharge or removal or unpaid administra-
tive leave, and the report of such period of
discharge or removal or unpaid administrative
leave shall thereupon be expunged from the
record of service of such employee.

The civil service commission shall immedi-
ately be notified of the charges when made, of
the action of the appointing officer to remove or
discharge, of the appeal, and of the finding
thereon. The finding of the hearing officer shall
be final.

The civil service commission may remove or
discharge an employee for any charge filed by a
citizen or by any member of or authorized agent
of the commission when the appointing officer
neglects or refuses to take such action against
the employee within 30 days of notification to the
department head of the occurrence or event
giving rise to the charge. Removal or discharge
may be made for any cause after the employee is
provided with written notice of the charges,
copies of all documentation upon which the charges
are based and after the employee has had the
opportunity to respond to the charges before the
civil service commission or its designee. The
decision of the civil service commission shall be
final.

Nothing in this section shall limit or restrict
rules adopted by the commission governing dis-
missal of probationary employees, lay-offs or
reduction in force or providing for the removal of
any appointee who has abandoned his or her
position as defined by civil service commission
rule.

\ B. Notwithstanding the provisions of Sub-
section A above, a recognized employee organiza-
tion and any affected City department may agree
to alternative procedures, including final and

binding arbitration by a neutral arbitrator jointly
selected by the employee organization and the
City, to deal with charges brought against indi-
vidual employees, the resolution of such charges
and the appropriate discipline, if any, to be
imposed on the employee. Said alternative pro-
cedures shall be included in a Memorandum of
Understanding between the City and the em-
ployee organization which shall be effective when
ratified by the board of supervisors.

A8.342 DISCIPLINARY SUSPENSIONS

The appointing officer may, for disciplinary
purposes, suspend a subordinate for a period not
exceeding 30 days; and suspension shall carry
with it the loss of salary for the period of suspen-
sion. The suspended employee shall be notified
in writing of the reason for such suspension, and
if the suspension be for more than five days the
employee shall, at his request, be given a hear-
ing by the appointing officer. The decision of the
appointing officer in all cases of suspension for
disciplinary purposes shall be final.

A8.343 FINE, SUSPENSION AND
DISMISSAL IN POLICE AND FIRE
DEPARTMENTS

Members of the uniformed ranks of the fire or
the police department guilty of any offense or
violation of the rules and regulations of their
respective departments, shall be liable to be
punished by reprimand, or by fine not exceeding
one month's salary for any offense, or by suspen-
sion for not to exceed three months, or by dis-
missal, after trial and hearing by the commis-
sioners of their respective departments; provided,
however, that the chief of each respective depart-
ment for disciplinary purposes may suspend such
member for a period not to exceed 10 days for
violation of the rules and regulations of his
department. Any such member so suspended
shall have the right to appeal such suspension to
the fire commission or to the police commission,
as the case may be, and have a trial and hearing
on such suspension. Written notice of appeal
must be filed within 10 days after such suspen-
sion and the hearing of said appeal must be held
within 30 days after the filing of said notice of

A8.343

San Francisco - Charter

346

appeal. If the commission shall reverse or alter
the finding of the chief, it shall order that the
member affected be paid salary for the time of
the suspension received or altered. In the event
the chief should exercise such power of suspen-
sion, the member involved shall not be subject to
any further disciplinary action for the same
offense; provided, that where the Office of Citi-
zen Complaints has sustained a complaint and
recommended discipline in excess of a 10-day
suspension, the Chief of Police may not exercise
his or her power of suspension under this section
without first meeting and conferring with the
director of the Office of Citizen Complaints and
affording the director an opportunity to verify
and file charges with the Police Commission
pursuant to Section 4.127. If the director of the
Office of Citizen Complaints verifies and files
charges, the Police Commission shall conduct a
trial and hearing thereon, and the Chief of Police
may not suspend the member pending the out-
come of the Police Commission proceedings on
the charges except as provided in Section A8.344.

Subject to the foregoing, members of the
uniformed ranks of either department shall not
be subject to dismissal, nor to punishment for
any breach of duty or misconduct, except for
cause, nor until after a fair and impartial trial
before the commissioners of their respective de-
partments, upon a verified complaint filed with
such commission setting forth specifically the
acts complained of, and after such reasonable
notice to them as to time and place of hearings as
such commission may, by rule, prescribe. The
accused shall be entitled, upon hearing, to ap-
pear personally and by counsel; to have a public
trial; and to secure and enforce, free of expense,
the attendance of all witnesses necessary for his
defense. (Amended November 2003)

A8.344 TEMPORARY SUSPENSION
PENDING COMMISSION HEARING;
EXONERATION OF CHARGES

In the circumstances listed in Section A8.341
the chief of the police department and the chief of
the fire department may temporarily suspend a
member of the respective department pending a
hearing before the police or fire commission on

disciplinary charges against the member, and
the member shall be entitled to a prompt admin-
istrative hearing to determine if he or she should
remain suspended pending the outcome of the
commission proceedings. If a member of the
uniformed ranks of the police and fire depart-
ments is suspended by the chief of the respective
department pending hearing before the police or
fire commission for charges filed against him
and subsequently takes a voluntary leave of
absence without pay pending his trial before the
commission, and, if after such trial he is exoner-
ated of the charges filed against him, the com-
mission shall order payment of salary to such
member for the time under suspension and may,
in its discretion, order payment of salary to such
member for the time on voluntary leave of ab-
sence without pay, and the report of such sus-
pension and leave of absence without pay shall
thereupon be expunged from the record of ser-
vice of such member. (Added November 2003)

A8.345 DISCIPLINARY ACTION
AGAINST STRIKING EMPLOYEES

The people of the City and County of San
Francisco hereby find that the instigation of, or
participation in, strikes against said City and
County by any member of the uniformed forces of
the police or fire departments constitutes a seri-
ous threat to the lives, property and welfare of
the citizens of said City and County and hereby
declares as follows:

No uniformed member of the police and fire
departments employed under the civil service
provisions of this charter shall instigate, partici-
pate in, or afford leadership to a strike against
the City and County, or engage in any picketing
activity in furtherance of such a strike. In the
event of any such strike against the City and
County, it shall be the duty of the appropriate
appointing officer of the City and County to
ascertain the identity of any officer or employee
of the City and County under his jurisdiction
who is in violation of the provisions of this
section and to initiate dismissal proceedings
against said officer or employee in accordance
with the provisions of Section 8.341 of this chap-
ter. Any citizen of the City and County may file

347

Appendix A: Employment Provisions

A8.346

written charges against an officer or employee in
violation of the provisions of this section and the
appropriate appointing officer shall receive and
investigate, without delay, any such written
charge, and forthwith inform said citizen of find-
ings and action, or proposed action, thereon.

If the appointing officer, after a hearing,
determines that the charges are supported by
the evidence submitted, said appointing officer
shall dismiss the employee involved and said
employee shall not be reinstated or returned to
City and County of San Francisco employment
except as a new employee who is employed in
accordance with the regular emplojnnent prac-
tices of the City and County in effect for the
particular position of employment.

In the event any appointing officer deter-
mines that he shall be unable to meet constitu-
tional due process requirements in providing a
timely hearing to any officer or employee charged
hereunder, he may, subject to the budget and
fiscal provisions of the charter, engage the ser-
vices of one or more qualified hearing officers to
conduct hearings hereunder. In conducting said
hearings, any hearing officer shall have the
same powers as granted to an appointing officer
hereunder.

No officer, board or commission of the City
and County shall have the power to grant am-
nesty to any person charged with a violation of
any of the provisions of this section.

In order to bring the provisions of this section
to the attention of any person who may be
affected thereby, each member of the uniformed
force of the police department and each member
of the uniformed force of the fire department on
the effective date of this section, and each person
appointed to the position of Q2 police officer or
the position of H2 fireman on or after the effec-
tive date of this section shall be furnished a copy
of the provisions of this section and shall make
under oath and file in the office of the civil
service commission the following declaration: "I
hereby acknowledge receipt of a copy of the
provisions of Section 8.345 of the charter of the
City and County of San Francisco and hereby
declare that during the term of my employment

in either the Police Department or the Fire
Department of said City and County, I shall
neither instigate, participate in or afford leader-
ship to a strike against said City and County nor
engage in any picketing activity in furtherance
of such a strike."

A dismissal imposed pmrsuant to this section
(8.345) shall not be appealable to the civil service
commission.

A8.346 DISCIPLINARY ACTION
AGAINST STRIKING EMPLOYEES
OTHER THAN MEMBERS OF POLICE
AND FIRE DEPARTMENT

The people of the City and County of San
Francisco hereby find that the instigation of or
participation in, strikes against said City and
County by any officer or employee of said City
and County constitutes a serious threat to the
lives, property, and welfare of the citizens of said
City and County and hereby declare as follows:

(a) As used in this section the word "strike"
shall mean the willful failure to report for duty,
the willful absence from one's position, any con-
certed stoppage or slowdown of work, any con-
certed interruption of operations or services by
employees, or the willful abstinence in whole or
in part from the full, faithful, and proper perfor-
mance of the duties of employment, for the
purpose of inducing, influencing, or coercing a
change in the conditions of emplojrment; pro-
vided, however, that nothing contained in this
section shall be construed to limit, impair, or
affect the right of any municipal employee to
express or communicate a view, grievance, com-
plaint, or opinion on any matter related to the
conditions or compensation of municipal employ-
ment or their betterment, so long as the same is
not designed to and does not interfere with the
full, faithful, and proper performance of the
duties of employment.

(b) No person holding a position by appoint-
ment or employment under the civil service
provisions of this charter, exclusive of uniformed
members of the police and fire departments as
provided under Section 8.345 of this charter,
which persons are hereinafter referred to as

A8.346

San Francisco - Charter

348

municipal employees, shall strike, nor shall any
municipal employee cause, instigate, or afford
leadership to a strike against the City and County
of San Francisco. For the purposes of this sec-
tion, any municipal employee who willfully fails
to report for duty, is willfully absent from his or
her position, willfully engages in a work stop-
page or slowdown, willfully interrupts City op-
erations or services, or in any way willfully
abstains in whole or in part from the full, faith-
ful, and proper performance of the duties of his
or her emplojnnent because such municipal em-
ployee is "honoring" a strike by other municipal
employees, shall be deemed to be on strike.

(c) No person exercising any authority, su-
pervision, or direction over any municipal em-
ployee shall have the power to authorize, ap-
prove, or consent to a strike by any one or more
municipal employees, and such person shall not
authorize, approve, or consent to such strike. No
officer, board, commission or committee of the
City and County of San Francisco shall have the
power to grant amnesty to any person who has
violated any of the provisions of this section, and
such officer or bodies shall not grant amnesty to
any person who has violated any of the provi-
sions of this section.

(d) Notwithstanding any other provision of
law, a person violating any of the provisions of
this section may subsequent to such violation be
appointed or reappointed, employed or re-em-
ployed as a municipal employee of the City and
County of San Francisco, but only on the follow-
ing conditions:

(1) such person shall be appointed or reap-
pointed, employed or re-employed as a new ap-
pointee or employee, who is appointed or em-
ployed in accordance with all charter provisions,
ordinances, rules or regulations of said City and
County in effect for new employees at the time of
appointment, reappointment, emplojnnent or re-
employment;

(2) the compensation of such person shall
not be increased by virtue of any previous em-
ployment with said City and County.

(e) In the event of a strike, or if the mayor
with the concurrence of a majority of the board of
supervisors determines that a strike is immi-
nent, a special committee shall convene forth-
with, which special committee shall consist of
the presidents of the airports commission, civil
service commission, fire commission, police com-
mission, public transportation commission and
public utilities commission. The president of the
civil service commission shall serve as chairman
of the special committee. Notwithstanding any
other provision of law, it shall be the duty of the
special committee to dismiss in accordance with
the provisions of this section any municipal
employee found to be in violation of any provi-
sions of this section. Any person may file with
the special committee written charges against a
municipal employee or employees in violation of
any of the provisions of this section and the
special committee shall receive and investigate,
without undue delay, and where necessary take
appropriate actions regarding any such written
charge(s), and forthwith inform that person of its
findings and action, or proposed action thereon.

In the event of a strike or determination of
imminent strike as specified above, each appoint-
ing officer shall deliver each day no later than
12:00 o'clock noon to the chairman of the special
committee a record of the absence of each em-
ployee under his or her authority for the prior
day and a written report describing incidents of
and the participant(s) in violations of this section
wherever the identity of the participant(s) is
known to him or her and the participant(s) is
(are) under his or her authority.

In addition each appointing officer shall pro-
vide to the special committee, whenever it has
been convened under authority of law, any other
information determined by the special commit-
tee to be necessary for the discharge of its duties.
The failure of an appointing officer to discharge
any of the duties imposed upon him or her by
this section shall be official misconduct.

(f) An employee charged by the special com-
mittee with a violation of this section shall be
notified of the time and place of the hearing on
the charges and of the nature of the charges

349

Appendix A: Employment Provisions

A8.364

against him or her. Said employee shall be given
such other information as is required by due
process. Said employee shall respond to said
charges by a sworn affidavit, signed by him or
her, and by such other information and documen-
tation and in such a manner as is prescribed by
the special committee. An employee failing to
provide the responses required by this section or
in any way failing to comply with the procedural
time limitations and information requirements
imposed by the special committee shall be imme-
diately suspended and shall not be entitled to a
hearing until he or she has fully complied with
the aforementioned requirements.

If the special committee, after a hearing,
determines that the charges against the em-
ployee are supported by the preponderance of the
evidence submitted, said special committee shall
dismiss the employee involved and said em-
ployee shall not be reinstated or returned to City
and County service except as specified in Sub-
section (d). A dismissal or suspension invoked
pursuant to the provisions of this section shall
not be appealable to the civil service commission.

(g) The special committee shall discharge
its duties in a timely manner while preserving
the due process rights of employees with the
objective of obtaining immediate sanctions against
striking employees. The willful failure of any
member of this special committee faithfully and
fully to discharge his or her duties in a timely
manner and to accord absolute priority to the
performance of those duties shall be deemed
official misconduct.

In the event the special committee deter-
mines that it shall be unable to comply with
constitutional due process requirements that a
timely hearing be provided or that it shall be
unable to comply with its obligations fully and in
a timely manner to investigate and hear all
violations of this section, then the special com-
mittee may, subject to the budget and fiscal
provisions of the charter, engage the administra-
tive and clerical personnel, investigators, and
one or more hearing officers to conduct hearings
hereunder. In conducting hearings, the hearing
officers shall have the same powers of inquiry
and disposition as the special committee.

(h) In order to provide for the effective op-
eration of this section in the event of a strike or
determination of imminent strike, the president
of the civil service commission, not later than 30
days after this section becomes effective, shall
convene the special committee which shall adopt
rules, regulations, and procedures for the inves-
tigation, hearing and disposition of all violations
of this section.

(i) In order to bring the provisions of this
section to the attention of any person who may
be affected thereby, each municipal employee on
the effective date of this section, exclusive of
members of the uniformed forces of the police
and fire departments as provided in Section
8.345 hereof, and each person appointed or em-
ployed as a municipal employee pursuant to the
civil service provisions of this charter, exclusive
of persons appointed to the entrance positions in
the uniformed forces of the police and fire depart-
ments as provided in Section 8.345 hereof, on or
after the effective date of this section shall be
furnished a copy of this section and shall acknowl-
edge such receipt in writing. The signed, written
receipt shall be filed in the office of the civil
service commission and maintained therein for
the term of his or her emplojrment with the City
and County of San Francisco.

(j) The provisions of Sections 3.100 and
3.100-1, relating to the emergency powers of the
mayor, shall not be applicable to the provisions of
this section.

(k) If any clause, sentence, paragraph, sub-
section, or part of this section shall be adjudged
by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence,
paragraph, subsection, or part thereof directly
involved in the controversy in which such judg-
ment shall have been rendered.

A8.364 AUTHORIZATION TO TRANSFER
UNUSED SICK LEAVE

(a) Employees of the City and County of
San Francisco may transfer their unused accu-
mulated sick leave to other employees of the City

A8.364

San Francisco - Charter

350

and County of San Francisco who have been
determined to be catastrophically ill, and who
have exhausted their vacation allowance, sick
leave and compensatory time off, provided that
such determination and such transfer may be
made only in compliance with the terms and
conditions established by ordinance adopted by
the board of supervisors.

(b) Notwithstanding Sections 8.360 and 8.363
of this charter, within sixty (60) days of the
effective date of this section, the Health Commis-
sion, Civil Service Commission, and Retirement
Board shall conduct a joint hearing to consider
and develop recommendations for submission to
the Board of Supervisors. The Board of Supervi-
sors shall adopt an ordinance, as provided in
subsection (a), and establish any rules necessary
to administer, interpret, and regulate the provi-
sions of this section, provided that all such rules
shall be approved, amended, or rejected by reso-
lution by the Board of Supervisors. (Amended
November 1999)

A8.365 COMPENSATION DURING
PARENTAL LEAVE

Under federal, state and local law, employees
are entitled to take an unpaid leave of absence in
the event of pregnancy disability or to care for a
child after birth or placement for adoption or
foster care. But employees may not have the
financial resources to take advantage of this
leave. This section provides compensation to
supplement state disability insurance pajrments,
paid sick leave, compensatory time, and other
forms of paid leave, to ensure that an employee
will receive the equivalent of the employee's
salary for 12 weeks or, if the employee is tempo-
rarily disabled by pregnancy, up to 16 weeks,
while on approved leave.

In accordance with this section, eligible em-
ployees on approved Parental Leave shall re-
ceive supplemental compensation as set forth
herein.

Nothing in this section shall be construed to
expand, reduce or otherwise affect the total
amount of leave time available to employees
under federal, state, or local law. Civil Service

Commission rules, or applicable memoranda of
understanding between the City and County of
San Francisco and employee organizations. This
section is intended to supplement other available
sources of income during specified periods of
leave to which the employee is otherwise eligible.
Except for leave mandated by law, requests for
leave continue to be subject to the approval of the
appointing officer. (Added November 2002)

A8.365-1 DEFINITIONS

The following words and phrases as used in
this section, unless a different meaning is plainly
required by the context, shall have the following
meaning:

"Domestic Partner" shall have the same mean-
ing as set forth in Administrative Code Section
62.1 et seq.

"Employee" shall mean any person who is
appointed to a position created by or which is
under the jurisdiction of the City and County,
whose compensation is paid by the City and
County, and who is under the control of the City
and County as to employment, direction and
discharge and does not include persons who
occupy classified or certificated positions with
the San Francisco Unified School District or the
Community College District or who work for the
City as independent contractors.

"Paid Leave" shall mean all paid time-off
provided by the Charter, the Administrative Code,
the Civil Service Rules or through a collective
bargaining agreement and shall include but not
be limited to vacation, sick leave, compensatory
time, administrative or executive leave and float-
ing holidays. For purposes of this section, "Paid
Leave" shall not include statutory holidays.

"Parental Leave" shall mean (a) Family Medi-
cal Leave as defined below; (b) Temporary Preg-
nancy Disability Leave as defined below:

(a) "Family Medical Leave" shall mean leave
taken pursuant to the Family and Medical Leave
Act, the California Family Rights Act, or Civil
Service Commission Rules, where such leave is
taken after the birth of a child to the employee,
the employee's spouse or the employee's domes-
tic partner or for placement of a child with the

351

Appendix A: Employment Provisions

A8.365-4

employee's family for adoption or foster care, and
has been requested and approved in accordance
with the procedures set forth in those respective
statutes or rules.

(b) "Temporary Pregnancy Disability Leave"
shall mean disability leave taken in accordance
with State law or the Civil Service Commission
Rules because of an employee's inability to work,
as certified by a health care provider, for reasons
of pregnancy, childbirth, or related conditions, as
defined by the California Fair Emplo3niient and
Housing Act, Govt. Code Section 12945(b)(2) et
seq.

"Supplemental Compensation" shall mean
compensation paid by the City to eligible employ-
ees on Parental Leave. The amount of Supple-
mental Compensation shall be the employee's
regular base wage less (1) accrued paid leave
from the City and (2) any pajnnents received by
the employee from a federal, state or other local
government agency in lieu of compensation.
(Added November 2002)

A8.365-2 ELIGIBILITY

The following employees shall be eligible to
receive compensation as set forth herein:

(a) Permanent, provisional, and exempt em-
ployees whose normal work week is not less than
twenty (20) hours upon completion of six months
of continuous service; and

(b) All other employees of the City and
County of San Francisco, including "as needed"
employees, who have worked one thousand and
forty hours (1040) in the twelve (12) months
prior to the beginning of the parental leave and
whose average work week is not less than twenty
hours. (Added November 2002)

A8.365-3 DURATION

Employees shall receive supplemental com-
pensation as set forth herein for a period not to
exceed twelve weeks while on approved Family
Medical Leave. Employees who take approved
Temporary Pregnancy Disability Leave shall re-
ceive up to an additional four weeks of compen-

sation. Such compensation shall be subject to the
conditions set forth in Section A8.365-4. (Added
November 2002)

A8.365-4 SUPPLEMENTAL
COMPENSATION

(a) Employees shall receive their regular
base wage while on approved Parental Leave
subject to the following conditions;

(1) Employees on approved Parental Leave
shall first exhaust all accrued paid leave before
receiving any Supplemental Compensation un-
der this section. If an employee chooses not to
exhaust these leaves, the total amount of the
benefit for which the employee would otherwise
have been eligible will be reduced by the amount
of paid leave accrued by the employee as of the
start of the leave.

(2) The amount of Supplemental Compen-
sation shall be reduced by any payments re-
ceived by the employee from a federal, state or
other local government agency while on Parental
Leave.

(3) Supplemental Compensation shall be pro-
vided for no more than twelve weeks, in the case
of employees taking Family Medical Leave, or
sixteen weeks, in the case of employees who take
Temporary Pregnancy Disability Leave. For em-
ployees eligible for both Family Medical Leave
and Temporary Pregnancy Disability Leave,
Supplemental Compensation shall be provided
for no more than sixteen weeks total. The twelve
or sixteen week period shall be reduced by any
paid leave taken after the birth of a child to the
employee, the employee's spouse, or the employee's
domestic partner, placement of a child with the
employee's family for adoption or foster care, or
taken for temporary pregnancy disability, within
twelve months prior to the commencement of
Parental Leave as defined herein.

(4) Under no circumstance shall an em-
ployee receive from the City supplemental com-
pensation under this Charter section which would
result in an employee receiving total compensa-
tion while on Parental Leave which is greater
than the employee's regular base wage.

A8.365-4

San Francisco - Charter

352

(b) During parental leave, the City shall
continue to pay the contributions required by
this Charter for retirement and health benefits,
and any employer-paid employee retirement and
health contributions required under the memo-
randum of understanding or unrepresented ordi-
nance covering the employee. Retirement contri-
butions shall be based on the actual amount of
City pay received during the period of parental
leave. (Added November 2002)

A8.365-5 REIMBURSEMENT

Any individual receiving compensation pur-
suant to this section shall execute an agreement
providing that if the individual voluntarily sepa-
rates from City service prior to returning to work
for at least six months, the compensation de-
scribed in Section A8. 365-4 shall be treated as a
loan payable with interest at a rate equal to the
greater of (i) the rate received for the concurrent
period by the Treasurer's Pooled Cash Account or
(ii) the minimum amount necessary to avoid
imputed income under the Internal Revenue
Code of 1986, as amended from time to time, and
any successor statute. Unless an alternative
repajnnent schedule is agreed to by the City and
the individual, such loan shall be payable in
equal monthly installments over a period not to
exceed 5 years, commencing 30 days following
the individual's separation from City employ-
ment. (Added November 2002)

A8.365-6 NON-VESTED BENEFIT

This Charter section creates no vested ben-
efits. The voters expressly reserve the right to
review the City's parental leave policy and the
benefits provided in this section and may alter or
repeal such benefits for any or no reason.

A8.365-7 RULES FOR ADMINISTRATION,
INTERPRETATION AND REGULATION
OF PARENTAL LEAVE

Within 120 days of approval by the voters of
this Amendment, the Department of Human
Resources shall develop any procedures neces-
sary to administer, interpret, and regulate the

provisions of this section, provided that all such
rules shall be approved, amended, or rejected by
ordinance by the Board of Supervisors.

The amendments of this section contained in
the proposition therefor submitted to the elector-
ate on November 5, 2002 shall be effective July 1,
2003. (Added November 2002)

A8.400 GENERAL RULES FOR
ESTABLISHING AND PAYING
COMPENSATION

(a) The board of supervisors shall have power
and it shall be its duty to fix by ordinance from
time to time, as provided in Section 8.401, all
salaries, wages and compensations of every kind
and nature, except pension or retirement allow-
ances, for the positions, or places of employment,
of all officers and employees of all departments,
offices, boards and commissions of the City and
County in all cases where such compensations
are paid by the City and County.

(b) The board of supervisors shall have power
by ordinance to provide the periods when sala-
ries and wages earned shall be paid provided,
that until such ordinance becomes effective, all
wages and salaries shall be paid semi-monthly.
No salary or wage shall be paid in advance. It
shall be official misconduct for any officer or
employee to present or approve a claim for full-
time or continuous personal service other than in
the manner provided by this charter.

(c) All personal services shall be paid by
warrants on the basis of a claim, bill, timeroU or
payroll approved by the head of the department
or office employing such service. The clEiims, bills
or payrolls, hereinafter designated as payrolls,
for salaries, wages or compensation for personal
services of all officers, assistants and employees
of every class or description, without regard to
the name or title by which they are known, for
each department or office of the City and County
shall be transmitted to the department of human
resources before presentation to the controller.

(d) The human resources director shall verify
that all persons whose names appear on pa5rrolls
have been legally appointed to or employed in
positions legally established under this charter.

353

Appendix A: Employment Provisions

A8.400

In performing such verification said director
may rely upon the results of electronic data
processing. Said director shall direct his atten-
tion to exception reports produced by such pro-
cessing; he shall approve or disapprove each
item thereon and transmit said exception reports
to the controller. The controller shall not draw
his warrant for any claim for personal services,
salary, wages or compensation which has been
disapproved by the said director.

(e) For the purpose of the verification of
claims, bills, timeroUs, or pajnrolls, contractual
services represented by teams or trucks hired by
any principal executive or other officer of the
City and County shall be considered in the same
manner as personal service items and shall be
included on pajnrolls as approved by said princi-
pal executive or other officers, and shall be
subject to examination and approval by the hu-
man resources director and the controller in the
same manner as pajmients for personal services.

(f) The salary, wage or other compensation
fixed for each officer and employee in, or as
provided by this charter, shall be in full compen-
sation for all services rendered, and every officer
and employee shall pay all fees and other mon-
eys received by him, in the course of his office or
employment, into the City and County treasury.

(g) No officer or employee shall be paid for a
greater time than that covered by his actual
service; provided, however, that the basic amount
of salary, wage or other compensation, excluding
premium pay differentials of any t3iT)e whatso-
ever of any officer or employee who may be called
upon for jury service in any municipal, state or
federal court, shall not be diminished during the
term of such jury service. There shall, however,
be deducted from the amount of basic salary,
wage or other compensation, excluding any pay
premium differentials of any tjpe whatsoever
payable by the City and County to the officer or
employee for such period as such officer or em-
ployee may be absent on account of jury service,
any amounts which the officer or employee may
receive on account of such jury service. Any
absence from regular duty or emplojnnent while

on jury duty shall be indicated on timeroUs by an
appropriate symbol to be designated by the con-
troller.

(h) Notwithstanding any other limitation in
the Charter to the contrary, and subject to meet
and confer obligations of state law, the Mayor
may request that the Board of Supervisors enact,
and the Board shall then have the power to so
enact, an ordinance entitling City officers or
employees called to active duty with a United
States military reserve organization to receive
from the City the following as part of the
individual's compensation: for a period to be
specified in the ordinance, the difference be-
tween the amount of the individual's military
pay and the amount the individual would have
received as a City officer or employee had the
employee worked his or her normal work sched-
ule, including any merit raises which otherwise
would have been granted during the time the
individual was on active duty. Any such ordi-
nance shall be subject to the following limita-
tions and conditions;

1. The individual must have been called
into active service for a period greater than 30
consecutive days.

2. The purpose for such call to active service
shall be extraordinary circumstances and shall
not include scheduled training, drills, unit train-
ing assemblies, or similar events.

3. The amounts authorized pursuant to such
an ordinance shall be offset by amounts required
to be paid pursuant to any other law in order
that there be no double payments.

4. Any individual receiving compensation
pursuant to such an ordinance shall execute an
agreement providing that if such individual does
not return to City service within 60 days of
release from active duty, or if the individual is
not fit for emplojnnent at that time, within 60
days of return to fitness for emplojnnent, then
that compensation shall be treated as a loan
payable with interest at a rate equal to the
greater of (i) the rate received for the concurrent
period by the Treasurer's Pooled Cash Account or
(ii) the minimum amount necessary to avoid
imputed income under the Internal Revenue

A8.400

San Francisco - Charter

354

Code of 1986, as amended from time to time, and
any successor statute. Such loan shall be payable
in equal monthly installments over a period not
to exceed 5 years, commencing 90 days after the
individual's release from active service or return
to fitness for employment, as the case may be.

5. Such an ordinance shall not apply to any
active duty served voluntarily after the time that
the individual is called to active service.

6. Such ordinance shall not be retroactive.
(Amended March 2004)

A8.401 EARLY RETIREMENT BENEFITS
TARGETED TO MITIGATE LAYOFFS

A8.401-1 PURPOSE

The current fiscal crisis requires the City and
County to lay off employees to balance its bud-
get. The need for such layoffs is expected to
continue through fiscal years 2003-2004 and
2004-2005. The purpose of this early retirement
measure is to: (1) encourage employees in clas-
sifications identified for layoff, due to cuts in
City and County services or functions, to take
early retirement, (2) minimize the effects of
layoff's on employees already laid off from these
classifications by increasing the possibility of
return from holdover lists, (3) achieve good labor
relations by extending the benefits to eligible
employees who were laid off after March 1, 2003,
but before the date this measure was enacted, (4)
limit early retirement benefits to employees in
classifications identified for layoffs, (5) provide
for certification by the Controller that the num-
ber of employees selected for early retirement
benefits in each classification shall not exceed
the number of employees separated due to layoff,
and (6) provide for participation by the School
District and the Community College District.
(Added November 2003)

A8.401-2 EARLY RETIREMENT
BENEFITS

The following criteria govern those employ-
ees eligible to receive the early retirement ben-
efit set forth in Section A8.522 of the Charter.
(Added November 2003)

A8.401-3 AUTHORITY

During fiscal years 2003-2004 and 2004-
2005, the Mayor shall identify, subject to confir-
mation by the Controller and the Director of the
Department of Human Resom'ces ("Director"):

(A) City and County services or functions
that have been terminated or reduced during the
fiscal year because of budget constraints, and

(B) The classifications of positions that have
been eliminated in the budget for the fiscal year
because of the termination or reduction of City
and County services or functions ("Identified
Classifications"). (Added November 2003)

A8.401-4 SCHEDULE

The determinations made by the Mayor, Con-
troller and the Director under Section A8. 401-3,
above, shall be made after the Board of Supervi-
sors has enacted the budget for the fiscal year or
adopted a supplemental change to the budget.
(Added November 2003)

A8.401-5 ELIGIBILITY

The Director shall develop procedures accord-
ing to the following criteria and limitations to
identify those employees eligible to receive early
retirement benefits due to layoffs in Identified
Classifications.

(A) The Director shall identify employees
eligible for early retirement benefits in the fol-
lowing order:

1. Permanent civil service employees

a. In order of seniority, employees currently
employed in an Identified Classification and em-
ployees laid off between March 1, 2003 and June
30, 2005 from an Identified Classification.

b. In order of seniority, employees currently
employed in classifications that have been near-
listed to an Identified Classification.

The Director shall determine seniority at the
time of notification using the Civil Service Com-
mission rules on layoff. A current employee who
has not received notice that he or she will be
separated from employment due to layoff shall
be eligible for early retirement benefits only if
his or her retirement would result in the reten-

355

Appendix A: Employment Provisions

tion or return to employment of an employee who
has received notice of separation or been sepa-
rated from emplojrment due to layoff.

2. Exempt and provisional employees.

Exempt and provisional employees, employed
under Charter Sections 10.104 or 10.105, shall
be eligible for early retirement benefits only if
they have been involuntarily separated from
emplo3nnent due to layoff between March 1, 2003
and June 30, 2005 from an Identified Classifica-
tion.

(B) The number of employees who receive
early retirement benefits in each Identified Clas-
sification shall not exceed the number of employ-
ees noticed for separation or separated from
employment due to layoffs in the Identified Clas-
sification. The Controller shall certify the names
of the employees identified, and that the number
of employees identified for early retirement ben-
efits in each Identified Classification does not
exceed the number of employees separated from
employment due to layoffs in the Identified Clas-
sification. (Added November 2003)

A8.401-6 NOTIFICATION PROCEDURE

The Director shall notify in writing those
employees eligible for early retirement benefits,
with a copy to the retirement system, and shall
set a deadline for the employees to retire, not to
exceed 30 days after notification. (Added Novem-
ber 2003)

A8.401-7 EXTENSION

This program may be extended by a three-
fourths vote of the Board of Supervisors. The
Board may authorize an extension limited to
fiscal years 2005-2006 and 2006-2007. (Added
November 2003)

A8.401-8 COSTS

The City and County, not the Retirement
System, shall bear the costs of identifying and
giving notice, as described in this section, to
employees ehgible for the early retirement ben-
efit. (Added November 2003)

A8.401-11

A8.401-9 SCHOOL AND COMMUNITY
COLLEGE DISTRICTS

For the purpose of offering early retirement
benefits to their eligible employees, the San
Francisco Unified School District and the San
Francisco Community College District, through
their authorized officials, shall exercise the au-
thority granted in Section A8.401-3 to identify
classifications of positions, held by employees
enrolled in the San Francisco Retirement Sys-
tem, that meet the criteria in Section A8.401-3.
Any offer of early retirement benefits to School
District or Community College District employ-
ees shall be governed by the criteria, limitations
and procedures set forth in Sections AS. 401-3
through A8.40 1-8 above. The determinations made
in Section A8.401-3 by the School District or the
Community College District shall be made after
the governing bodies of the School District or
Community College District, as appropriate, have
adopted the budget for the fiscal year or adopted
a supplemental change to the budget. (Added
November 2003)

A8.401-10 NON-VESTED BENEFIT

This Section and Section A8. 522 do not create
vested rights in any employee who has not yet
retired under this Section. The voters expressly
reserve the right to alter or repeal for any reason
the early retirement benefits provided in this
Section and Section A8.522. (Added November
2003)

A8.401-11 DISCRETIONARY AUTHORITY

The determinations made under this Section
are within the sole discretion of the City and
County, School District and Community College
District. In adopting this charter amendment
the voters intend to grant broad discretion to
City and County officials, including the Director
and the Controller, as well as appropriate School
District and Community College District offi-
cials. The voters intend that courts grant defer-
ence to these officials' interpretations and appli-
cations of the provisions of this charter
amendment. The voters intend that courts defer
to the decisions of these officials unless they are
devoid of any conceivable basis in reason. The

A8.401-11

San Francisco - Charter

356

voters do not intend to impose any duties on the
City and County, or its officials, including the
Director and Controller, or on the School Dis-
trict, Community College District, or their offi-
cials, for breach of which any aggrieved party
may recover damages, attorneys fees or costs.
(Added November 2003)

A8.402 COMPENSATION OF TEACHERS,
PART-TIME EMPLOYEES AND CERTAIN
OTHER GROUPS

Compensations of the teaching and other
technical forces of the school department and
employees of the Steinhart Aquarium and law
library departments, construction employees en-
gaged outside of the City and County, part-time
employees, and inmate and institutional help
receiving less than $50 per month, shall be fixed
by the department head in charge thereof, with
the approval of the board or commission, if any,
in charge of the department concerned and sub-
ject to the budget and appropriation provisions
of this charter; provided that part-time employ-
ees shall be recorded as such by a principal
executive, only with approval of the civil service
commission and, when so recorded, shall be
noted as part-time on pajnrolls, budget estimates,
salary ordinance and similar documents.

A8.403 COMPENSATION FOR
REGISTERED NURSE CLASSIFICATIONS

The salary, conditions and benefits of employ-
ment of the various classifications of nurses
required to possess a registered nurse license
issued by the State of California as provided for
in this section as compensation shall be deter-
mined and fixed annually as follows:

(a) On or before May 1, 1982, and each year
thereafter, the civil service commission shall
certify to the board of supervisors for the acute
care staff nurse classification the highest prevail-
ing salary schedule in effect on April 15 of that
year, and salary adjustments, if any, to be effec-
tive during the City and County's next succeed-
ing fiscal year, granted by collective bargaining
agreement to comparable registered nurse em-
ployees in public and private emplo3niient in the
counties of Alameda, Contra Costa, Marin, San

Mateo, San Francisco and Santa Clara. Rates of
pay for other registered nurse classifications
shall reflect not less than the same relationships
to the benchmark registered nurse classification
that those classifications had in fiscal year 1980-
1981 to the then benchmark classification.

(b) The board of supervisors shall on or
before June 1, 1982, and each year thereafter, fix
a salary schedule for each classification which
shall not be in excess of the schedules certified by
the civil service commission, for each such clas-
sification, except as provided in Subsection (f)
below, and provided, further, that no employee's
basic rate of pay shall be reduced to conform to
the highest prevailing salary schedule except as
provided for in Section 8.406;

(c) The rates of pay fixed for each classifi-
cation shall become effective at the beginning of
the next succeeding fiscal year;

(d) The terms "salary schedule" and "salary
schedules" wherever used in this section are
hereby defined and intended to include only the
maximum rate of pay provided in each such
salary schedule; the term "salary adjustments"
shall mean an increase or decrease to the maxi-
mum rate of pay;

(e) At the time the board of supervisors
fixes the salary schedule as provided in (b)
above, the board of supervisors may fix as con-
ditions and benefits of employment other than
salaries as compensation for each classification,
conditions and benefits not to exceed the intent
of those conditions and benefits granted by col-
lective bargaining agreements to comparable clas-
sifications by the employer used for certification
of the highest prevailing salary schedule by the
civil service commission. The board of supervi-
sors may establish such conditions and benefits
notwithstanding other provisions or limitations
of this charter, with the exception that such
conditions and benefits shall not involve any
change in the administration of or benefits of the
retirement system, health service system or va-
cation allowances provided elsewhere in this
charter. Conditions and benefits of employment
existing prior to July 1, 1982 may be continued
by the board of supervisors;

357

Appendix A: Employment Provisions

A8.404

(f) When the employer used for certification
in Subsection (a) above, provides rates of pay
during the current fiscal year in excess of those
fixed by the board of supervisors for said current
fiscal year, or vacation and health service ben-
efits greater than such similar benefits provided
by this charter for the staff nurse classification,
the civil service commission shall certify to the
board of supervisors an amount not to exceed the
difference of such salary and benefits converted
to dollar values and the board of supervisors may
provide additional salary, conditions and ben-
efits of emplojmient at a cost not to exceed said
dollar value.

A8.404 SALARIES AND BENEFITS OF
CARMEN

The wages, conditions and benefits of employ-
ment as provided for in this section of the various
classifications of emplo5niient of plat-form em-
ployees and coach or bus operators of the munici-
pal railway as compensation, shall be deter-
mined and fixed annually as follows:

(a) On or before the first Monday of August
of each year, the civil service commission shall
certify to the board of supervisors for each clas-
sification of employment the average of the two
highest wage schedules in effect on July 1st of
that year for comparable platform employees
and coach or bus operators of other surface street
railway and bus systems in the United States
operated primarily within the municipalities hav-
ing each a population of not less than 500,000 as
determined by the then most recent census taken
and published by the director of the census of the
United States, and each such system normally
employing not less than 400 platform employees
or coach or bus operators, or platform employees;
coach and bus operators.

(b) The board of supervisors shall there-
upon fix a wage schedule for each classification
of platform employees and coach and bus opera-
tors of the municipal railway which shall not be
less than the average of the two highest wage
schedules so certified by the civil service commis-
sion for each such classification.

(c) When, in addition to their usual duties,
such employees are assigned duties as instruc-
tors of platform employees or coach or bus opera-
tors they shall receive additional compensation
that shall be subject to negotiation in addition to
the rate of pay to which they are otherwise
entitled under the wage schedule as herein pro-
vided.

(d) The rates of pay fixed for platform em-
ployees and coach and bus operators as herein
provided shall be effective from July 1st of the
year in which such rates of pay are certified by
the civil service commission.

(e) The terms "wage schedule" and "wage
schedules" wherever used in this section are
hereby defined and intended to include only the
maximum rate of pay provided in each such
wage schedule.

(f) At the time the board of supervisors fixes
the wage schedule as provided in (b) above, the
board of supervisors may fix as conditions and
benefits of emplojrment other than wages as
compensation for platform employees and coach
or bus operators of the municipal railway, condi-
tions and benefits not to exceed those conditions
and benefits granted by collective bargaining
agreements to the comparable platform employ-
ees and coach or bus operators of the two sys-
tems used for certification of the average of the
two highest wage schedules by the civil service
commission. The board of supervisors may estab-
lish such conditions and benefits notwithstand-
ing other provisions or limitations of this char-
ter, with the exception that such conditions and
benefits shall not involve any change in the
administration of, or benefits of the retirement
system, health service system or vacation allow-
ances as provided elsewhere in this charter. For
all purposes of the retirement system as related
to this section, the word "compensation" as used
in Section 8.509 of this charter shall mean the
"wage schedules" as fixed in accordance with
paragraphs (a) and (b) above, including those
differentials established and paid as part of
wages to platform employees and coach and bus
operators of the municipal railway, but shall not
include the value of those benefits paid into the

Supp. No. 13, January 2008

A8.404

San Francisco - Charter

358

fund established as herein provided. Provided
that when in the two systems used for certifica-
tion as provided above, vacation, retirement and
health service benefits are greater than such
similar benefits provided by this charter for
platform employees, coach or bus operators of
the municipal railway, then an amount not to
exceed the difference of such benefits may be
converted to dollar values and the amount equiva-
lent to these dollar values shall be paid into a
fund. The fund shall be established to receive
and to administer said amounts representing the
differences in values of the vacation, retirement
and health service benefits, and to pay out ben-
efits that shall be jointly determined by repre-
sentatives of the city and county government
and the representatives of the organized plat-
form employees and coach and bus operators of
the municipal railway. The civil service commis-
sion shall adopt rules for the establishment and
general administration of the fund as herein
provided. Such rules shall provide for a joint
administration of the fund by representatives of
the city and county government, which shall
include representatives of the administrator of
the agency responsible for the municipal railway
and representatives of the organized platform
employees, coach and bus operators of the mu-
nicipal railway. Such rules may provide a proce-
dure for final and binding arbitration of disputes
which may arise between representatives of the
city and county government and the representa-
tives of the organized platform employees and
coach and bus operators of the municipal rail-
way. Such rules shall provide that all invest-
ments of the fund shall be of the character legal
for insurance companies in California. Such rules
and any amendments thereto shall be effective
upon approval by the board of supervisors by
ordinance.

(g) Notwithstanding any provisions of this
charter, including other subparts of this section,
the board of supervisors may, after meeting and
conferring with and reaching agreement with
the employee organization certified as the repre-
sentative for municipal railway operators, fix
wages and benefits of employment other than
wages for platform employees and coach and bus

operators of the municipal railway under this
section for periods in excess of one year. Any
ordinance fixing wages and benefits of employ-
ment other than wages adopted pursuant to this
section for a period of more than one year shall
contain a provision to the effect that during said
period of time it shall be unlawful for the em-
ployees receiving the compensation so fixed to
engage in a strike; work stoppage or conduct
delajdng or interfering with work at city and
county facilities. Wages and benefits of employ-
ment other than wages established under this
section shall not in any year exceed the limits
established under paragraphs (b) and (f) of this
section.

(h) Not later than the 25th day of August,
the board of supervisors shall have the power
and it shall be its duty, subject to the fiscal
provisions of the charter but, without reference
or amendment to the annual budget, to amend
the annual appropriation ordinance and the an-
nual salary ordinance as necessary to include the
provisions for pajdng the rates of compensation
and conditions and benefits other than wages
fixed by the board of supervisors as in this
section provided for platform employees and coach
or bus operators for the then current fiscal year.

On recommendation of the civil service com-
mission the board of supervisors shall establish a
rate of pay for trainee platform men and bus or
coach operators at a level reflecting the current
labor market but below the basic hourly rate for
motorman, conductor and bus operator. (Amended
by Proposition A, Approved 11/6/2007)

A8.405 SALARIES OF UNIFORMED
FORCES IN THE POLICE AND FIRE
DEPARTMENTS

(a) Not later than the first day of August of
each year, the civil service commission shall
survey and certify to the board of supervisors
rates of compensation paid police officers or
patrol officers employed in the respective police
departments in all cities of 350,000 population or
over in the State of California, based upon the
latest federal decennial census. For the purpose
of the civil service commission's survey and cer-

Supp. No. 13, January 2008

358.1 Appendix A: Employment Provisions A8.405

tification the rates contained in said certification
shall be the average of the maximum rates paid

Supp. No. 13, January 2008

[INTENTIONALLY LEFT BLANK]

Supp. No. 13, January 2008

359

Appendix A: Employment Provisions

A8.405

to each police officer or patrol officer classifica-
tion performing the same or essentially the same
duties as police officers or patrol officers in the
City and County of San Francisco.

Thereupon the board of supervisors shall
have the power, and it shall be its duty, by
ordinance, to fix rates of compensation for the
members of the police department whose annual
compensations are set forth in Section 3.531 of
this charter and said rates shall be in lieu of said
annual compensations and shall be effective from
the first day of July of the current fiscal year.

The rates of compensation, fixed in said or-
dinance,

(1) for the fourth year of service and there-
after for police officers, police patrol drivers and
women protective officers the compensation shall
be fixed at a rate which is the average maximum
wage paid to police officer or patrol officer clas-
sifications in regular service in the cities in-
cluded in the certified report of the civil service
commission. "Average wage" as used in this
paragraph shall mean the sum of the maximum
averages certified by the civil service commission
divided by the number of police officer classifica-
tions in cities in said certification;

(2) for the first, second and third year of
service for police officers, police patrol drivers
and women protective officers shall be estab-
lished in accordance with the general percentage
differential between seniority steps found in the
salary ranges included in the cities certified by
the civil service commission for the same class;

(3) for said members of the police depart-
ment other than police officers, police patrol
drivers and women protective officers shall in-
clude the same percent of adjustment as that
established by said ordinance for police officers
in the fourth year of service; and

(4) shall be set at the dollar amount nearest
the fractional amount which may result from
percentage adjustment specified in this section,
half dollars being taken to the next higher dollar
amount.

The rates of compensation set forth in the
budget estimates, the budget and the annual
salary ordinance shall be those fixed by the

board of supervisors as in this section provided
and appropriations therefor shall be based thereon.

The expression "rates of compensation," as
used in this section in relation to said survey, is
hereby declared to apply only to a basic amount
of wages, with included range scales, and does
not include such working benefits as might be
set up by any other City by way of holidays,
vacations, other permitted absences of any type
whatsoever, overtime, night or split shifl:, or pay
for specialized services within a classification or
rank, or other premium pay differentials of any
t5rpe whatsoever. The foregoing enumeration is
not exclusive, but it is the intent of this section
that nothing other than a basic amount of wages,
with included range scales, is to be included
within the meaning of "rates of compensation."

Working benefits and premium pay differen-
tial of any tj^e shall be allowed or paid to
members of the police department referred to
herein only as is otherwise provided in this
charter.

For all purposes of the retirement system,
the expression "rates of compensation" as used in
this section, shall mean "salary attached to the
rank" as used in Section 166 of the charter of
1932, as amended, and with the addition of
fifteen dollars ($15) per month now provided in
Subsection (b) with respect to members assigned
to two-wheel motorcycle duty, shall also mean
"compensation eamable" as used in Section 8.549.

The term "police officers or patrol officers" as
used in this section shall mean the persons
employed in the police departments of said cities
of 350,000 population or over or of the City and
County of San Francisco, to perform substan-
tially the duties being performed on the effective
date of this section by police officers, police
patrol drivers and women protective officers in
the San Francisco Police Department.

In determining years of service necessary for
a police officer, woman protective officer and
police patrol driver to receive the annual com-
pensation as provided for herein, service ren-
dered prior to the effective date of this amend-
ment shall be given full credit and allowed.

A8.405

San Francisco - Charter

360

The absence of any police officer, woman
protective officer or police patrol driver on mili-
tary leave, as defined by Section 8.361 of this
charter, shall be reckoned a part of his service
under the City and County, for the purpose of
computing years of service in gaining added
compensation as provided for herein.

On the recommendation of the chief of police,
the commission may reward any member of the
department for heroic or meritorious conduct.
The form or amount of said reward to be discre-
tionary with the commission, but not to exceed
one month's salary in any one instance.

If any member of the department appointed
as an assistant inspector is a sergeant at the
time of the appointment or is appointed a ser-
geant thereafter, such member shall receive the
rate of compensation attached to the rank of
sergeant.

(b) Not later than first day of August of each
year the civil service commission shall survey,
and certify to the board of supervisors, addi-
tional rates of pay paid to members assigned to
all two-wheel motorcycle duty in the respective
police departments of all cities of 350,000 popu-
lation or over in the State of California, based
upon the latest decennial census. For the pur-
pose of the civil service commission's survey and
certification the additional rates for two-wheel
motorcycle duty shall include the average addi-
tional amount paid to members assigned to two-
wheel motorcycle duty in the cities surveyed.

Thereupon the board of supervisors shall
have the power, and it shall be its duty, by
ordinance, to fix the additional rate of pay for the
members of the police department who are as-
signed two-wheel motorcycle duty. The addi-
tional rate of pay will be determined by the
average additional wage paid to members in
regular service in the cities included in the
certified report of the civil service commission
who are assigned to two-wheel motorcycle duty.
"Average wage" as used in this paragraph shall
mean the sum of the additional rates of pay
certified by the civil service commission divided
by the number of cities in said certification. Said

additional rates shall be in lieu of said annual
compensations and shall be effective from the
first day of July of the current fiscal year.

Said rate of pay shall be in addition to the
rate of compensation provided for in Subsection
(a).

In no event shall the additional rate so fixed
be less than fifteen dollars ($15) per month.

(c) Not later than the first day of August of
each year, the civil service commission shall
survey and certify to the board of supervisors
rates of compensation paid firefighters employed
in the respective fire departments of all cities of
350,000 population or over in the State of Cali-
fornia, based upon the latest federal decennial
census. For the purpose of the civil service
commission's survey and certification the rates
contained in said certification shall be the aver-
age of the maximum rates paid to each fire-
fighter classification performing the same or
essentially the same duties as firefighters in the
City and County of San Francisco.

Thereupon, the board of supervisors shall
have the power, and it shall be its duty, by
ordinance, to fix rates of compensation for the
members of the fire department whose annual
compensations are set forth or otherwise pro-
vided in Section 3.542 of this charter, and said
rates shall be in lieu of said annual compensa-
tions and shall be effective from the first day of
July of the current fiscal year.

The rates of compensation, fixed in said or-
dinance,

(1) for the fourth year of service and there-
after the rate of compensation shall be fixed at a
rate which is the average of the maximum com-
pensation paid firefighter classifications in regu-
lar service in the cities included in the certified
report of the civil service commission. "Average
wage" as used in this paragraph shall mean the
sum of the maximum averages certified by the
civil service commission divided by the number
of firefighter classifications in cities in said cer-
tification;

(2) for the first, second and third year of
service for firefighters shall be established in
accordance with the general percentage differen-

361

Appendix A: Employment Provisions

A8.405

tial between seniority steps found in the salary
ranges included in the cities certified by the civil
service commission for the same class;

(3) for said members of the fire department
other than firefighters shall include the same
percent of adjustment as that established by said
ordinance for firefighters in the fourth year of
service; and

(4) shall be set at the dollar amount nearest
the fractional amount which may result from
percentage adjustment specified in this section,
half dollars being taken to the next higher dollar
amount.

The expression "rates of compensation" as
used in this section, in relation to said survey, is
hereby declared to apply only to a basic amount
of wages, with included range scales, and does
not include such working benefits as might be
set up by any other City by way of holidays,
vacations, other permitted absences for any tjrpe
whatsoever, overtime, night or split shift, or pay
for specialized services within a classification or
rank, or other premium pay differentials of any
type whatsoever. The foregoing enumeration is
not exclusive, but it is the intent of this section
that nothing other than a basic amount of wages,
with included range scales, is to be included
within the meaning of "rates of compensation."

Working benefits and premium pay differen-
tials of any type shall be allowed or paid to
members of the fire department referred to herein
only as is otherwise provided in this charter.

For all purposes of the retirement system,
the expression "rates of compensation," as used
in Subsections (c) and (d) of this section shall
mean "salary attached to the rank" as used in
Section 169 of the charter of 1932, as amended
and "compensation earnable" as used in Section
8.549.

The term "firefighters" as used in this section
shall mean the persons employed, in the fire
departments of said cities of 350,000 population
or over or of the City and County of San Fran-
cisco, to perform substantially the duties being
performed on the effective date of this section by
drivers, stokers, tillermen, truckmen, or hose-
men, in the San Francisco Fire Department.

The expression "members of the fire depart-
ment" does not include members of the fire
commission.

The absence of any officer or member of the
fire department on military leave of absence, as
defined by Section 8.361 of this charter shall be
reckoned a part of such member's service under
the City and County, for the purpose of comput-
ing years of service in gaining added compensa-
tion as provided in this charter.

On the recommendation of the chief of depart-
ment, the commission may reward any officer or
member of the department for heroic or merito-
rious conduct, the form or amount of said award
to be discretionary with the fire commission, but
not to exceed one month's salary in any one
instance.

The rates of compensation for the ranks of
captain, bureau of fire prevention and public
safety, and lieutenant, bureau of fire investiga-
tion, shall be thirteen percent (13%) above the
compensation established for the ranks of cap-
tain and lieutenant as provided for in this sec-
tion. The rates of compensation for the ranks of
inspector, bureau of fire prevention and public
safety, and investigator, bureau of fire investiga-
tion, shall be ten percent (10%) above the com-
pensation established for the rank of chiefs
operator as provided for in this section. The rate
of compensation shall be set at the dollar amount
nearest the fractional amount which may result
from percentage adjustment specified in this
subsection, half dollars being taken to the next
higher dollar amount.

(d) The rates of compensation fixed pursu-
ant to the provisions of Subsection (a)(1), (2) and
(3) and the rates of compensation fixed pursuant
to the provisions of Subsection (c)(1), (2) and (3)
shall be the same. Such rates shall not exceed
the highest average rate of compensation fixed
pursuant to Subsections (a)(1), (2) and (3) and
(c)(1), (2) and (3) above, whether it be paid to
police officers, patrol officers or firefighters; pro-
vided, further, that the minimum rate of compen-
sation attached to the rank of sergeant in the
police department shall be equal to the rate of
compensation attached to the rank of lieutenant
in the fire department.

A8.405

San Francisco - Charter

362

(e) Not later than the 25th day of August
the board of supervisors shall have the power
and it shall be its duty, subject to the fiscal
provisions of the charter but without reference or
amendment to the annual budget, to amend the
annual appropriation ordinance and the annual
salary ordinance as necessary to include the
provisions of pajdng the rates of compensation
fixed by the board of supervisors as in this
section provided for uniformed members of the
police and fire departments for the then current
fiscal year.

Notwithstanding any other charter provi-
sion, the rates of compensation for police officers
and firefighters shall be annually further in-
creased as follows:

(1) In the event that any City of 350,000
population or over in the State of California as
defined in subsections (a) and (c) of this section
has not finalized, fixed, or reached agreement as
to the rates of compensation prior to the 25th day
of August, the date for further and additional
fixing of the rates of compensation and for fur-
ther and additional amending of the annual
appropriation ordinance and annual salary ordi-
nance to provide for the paying of additional
rates of compensation to police officers and fire-
fighters shall extend to the 30th day of June of
the following year.

(2) Should any City as defined in subsec-
tions (a) and (c) of this section finalize, fix or
reach agreement as to the rates of compensation
after the 25th day of August but prior to the 30th
day of June of the following year, the board of
supervisors shall have the power, and it shall be
its duty, subject to the fiscal provisions of the
charter, by ordinance, within 30 calendar days of
said finalizing, fixing, or reaching agreement,
further to fix the rates of compensation for the
uniformed members of the police and fire depart-
ments and to further amend the annual appro-
priation ordinance and the annual salary ordi-
nance to include provisions for pajdng the rates
of compensation as so further fixed pursuant to
subsections (a), (b) and (c) of this section, and
said rate of compensation shall be effective ret-
roactive to the effective date of the agreement or

legislation designated in subsections (a) and (c),
but in no event prior to July 1 of the current
fiscal year.

(f) Not later than the first day of August of
each year, the civil service commission shall
determine and certify to the board of supervisors
the percentage of increase or decrease in the cost
of living during the 12-month period ending
March 31st of that same year as shown by the
Consumer Price Index, All Items San Francisco,
and the percentage of increase or decrease in the
cost of living during the same period as shown by
the Consumer Price Index, All Items, in the cities
included in the certified report of said commis-
sion. The Consumer Price Index referred to herein
is defined as that certain index issued by the U.
S. Bureau of Labor Statistics and published in
the Monthly Labor Review or a successor publi-
cation. In the event the U. S. Bureau of Labor
Statistics discontinues the compilation and pub-
lication of said indexes, the board of supervisors
shall have the power, and it shall be its duty, to
appoint a statistical fact finding committee to
determine the same data pursuant to the meth-
ods theretofore used by the U. S. Bureau of Labor
Statistics. The cost of living adjustments as
hereinafter provided shall be based upon the
percentage of such increases or decreases. The
board of supervisors may, in addition to the rates
of compensation as established herein, and at
the same time said rates of compensation are
established, increase said rates of compensation
by an amount equal to the difference between
the average cost of living increase of the cities
included in the certified report of the civil service
commission and the actual cost of living increase
for San Francisco. In the event the board of
supervisors elects not to grant such cost of living
increase in any year in which any such increase
might be granted, the board of supervisors shall,
upon a written request filed with the clerk of the
board of supervisors not later than the 10th day
of September of said year by representatives of
the uniformed members of the police and fire
departments, as designated by the police and fire
commissions, respectively, submit the question
of said cost of living increase to the qualified
electors of the City and County at the next

363

Appendix A: Employment Provisions

A8.406

succeeding Citywide election. In the event said
cost of living increase is approved by a majority
of the qualified electors voting thereon, said cost
of living increase shall be effective as of the first
day of the then current fiscal year.

(g) Notwithstanding any of the provisions
contained in this section, no uniformed member
of the police or fire department employed before
July 1, 1976, whose compensation is fixed pur-
suant to the formula contained herein, shall
suffer a salary reduction by the application of
any new compensation schedules, and the rates
for fiscal year 1975-76 shall continue until such
time as the new schedules equal or exceed the
current salary increment schedules, provided,
however, that such time shall not be extended
beyond June 30, 1982, and provided further that
this prohibition against reduction of compensa-
tion for the designated employees shall not be
deemed to supersede the provisions of Section
8.406 of this charter.

(h) Notwithstanding any of the provisions
contained in this section, no uniformed member
of the police or fire department, whose compen-
sation is fixed pursuant to the formula contained
herein, shall suffer a salary reduction by the
application of the compensation schedules pro-
vided for herein. Provided, however, that this
prohibition against reduction of compensation
for the designated employees shall not be deemed
to supersede the provisions of Section 8.406 of
this charter.

(i) This amendment shall become effective
immediately upon certification of election results
and its provisions shall pertain to fixing rates of
pay for police officers and firefighters during
fiscal year 1986-87.

A8.406 SALARY DEDUCTIONS

Whenever, in the judgment of the mayor and
the board of supervisors, extraordinary economic
conditions actually exist due to unemployment,
fire, earthquake, flood or other calamity, which
adversely affect the life, health and welfare of
the citizens of the City and County or of any
considerable portion thereof, the board of super-

visors, by a three-fourths vote of all of its mem-
bers, with the concurrence of the mayor, shall
have power as follows, to-wit:

(a) To officially declare that a public emer-
gency exists, and to fix the approximate antici-
pated time during which said emergency shall
continue, provided that no such emergency shall
be anticipated to continue beyond the end of the
fiscal year during which the same is declared,
unless such emergency be declared subsequent
to the first day of January of said year, in which
event the said emergency may be anticipated to
continue until the end of the next succeeding
fiscal year.

(b) To provide that while said emergency as
declared shall continue to exist there shall be
deducted from the gross salaries and compensa-
tions, exclusive of pension and retirement allow-
ances, of each officer and employee of the City
and County of San Francisco, including officers
and employees of the board of education, not
more than the respective amounts hereinafter
set forth. Said deductions shall be made on the
basis of the salary and compensation rate of said
several officers and employees which were in
effect during the calendar month immediately
preceding the month during which said emer-
gency was declared and not reduced by this
section.

If said salary and compensation deductions
are not reflected in the annual budget and ap-
propriation ordinances, as set forth in Subsec-
tion (c) of this section, the amount of said deduc-
tions shall be used for the purpose of meeting or
alleviating the emergency which has been de-
clared, or to balance any deficiency existing in
the general funds of the City arising by reason of
the delinquency in the payment of taxes or other
revenue as compared with the anticipated rev-
enues over the same period. Provided that where
salaries or compensations are paid out of bond
funds, utility funds, or other trust funds, which
are not provided from the revenues of the City,
all deductions made shall revert to the respective
funds from which said salaries or compensations
are paid.

A8.406

San Francisco - Charter

364

The maximum deductions from the salary or
compensation of each officer or employee hereto-
fore referred to shall be as follows, to-wit:

(1) From the salaries or compensation of
officers or employees whose gross earnings ex-
ceed $100 per month and do not exceed $120 per
month, three percent of the amount of the gross
monthly earnings of each of said officers or
employees.

(2) From the salaries or compensations of
officers or employees whose gross earnings ex-
ceed the sum of $120 per month and do not
exceed the sum of $150 per month, seven percent
of the gross monthly earnings of each of said
officers or employees.

(3) From the salaries or compensations of
officers or employees whose gross earnings ex-
ceed the sum of $150 per month, and do not
exceed the sum of $185 per month, 10 percent of
the gross monthly earnings of each of said offi-
cers or employees.

(4) From the salaries or compensations of
all officers or employees whose gross earnings
exceed the sum of $185 per month, and do not
exceed the sum of $275 per month, I2V2 percent
of the gross monthly earnings of each of said
officers or employees.

(5) From the salaries or compensations of
all officers or employees whose gross earnings
exceed the sum of $275 per month, and do not
exceed the sum of $600 per month, 15 percent of
the gross monthly earnings of said officers or
employees.

(6) From the salaries or compensations of
all officers or employees whose gross earnings
exceed the sum of $600 per month, and do not
exceed the sum of $834 per month, 18 percent of
the gross monthly earnings of each of said offi-
cers or employees.

(7) From the salaries or compensations of
all officers or employees whose gross earnings
exceed the sum of $834 per month, 20 percent of
the gross monthly earnings of each of said offi-
cers or employees.

(8) Provided, however, that no more than
5-1/2 percent of the gross monthly earnings of
per diem employees whose compensations are

fixed on the basis of a five-day week shall be
deducted from the salaries or earnings of any
such employee.

Said deductions shall be made from said
earnings or compensations in monthly or semi-
monthly installments according to the time at
which said salaries or compensations are paid;
provided that where the earnings of any officer
or employee are on an hourly or per diem basis
deductions based on his total earnings for the
month shall be deducted from the installment of
said earnings paid for the last half of the month.

(c) Should any such emergency declared as
herein provided be anticipated to continue into
the next fiscal year following the one during
which said emergency has been declared, the
controller and the mayor in preparing or submit-
ting their respective annual budget estimates
shall base and estimate the net salaries and
compensations to be paid at amounts not to
exceed the said salaries and compensations as
reduced by the above-mentioned percentages on
the above-mentioned salary and compensation
rates, and the annual appropriation and salary
ordinance shall fix said net salaries and compen-
sation accordingly. When any emergency is de-
clared after the annual budget is prepared or
adopted, or after the annual appropriation or
salary ordinances are enacted, and before the
annual tax rate is fixed as provided by law, said
budget and said appropriation and salary ordi-
nances may be revised or reenacted, so that the
deductions herein authorized to be made may be
reflected in the amount of the tax levy.

(d) All of such deductions, whether made
after the passing of the annual budget appropria-
tion and salary ordinance or included therein,
shall be deemed as temporary deductions from
the salaries and compensations of said officers
and employees, and shall be continued only
during the anticipated period for which said
emergency has been declared.

(e) In making the deductions herein pro-
vided for, the value of board, room and laundry
or other maintenance furnished by the City and
County to any officer or employee, when the
same is made a part of his compensation by the

365

Appendix A: Employment Provisions

A8.409

civil service commission, shall be added to the
monetary salary or compensation paid to said
employee, and the amount of deductions from
said salary or compensation shall be based on
said monetary salary plus the value of said
board, room and laundry or other maintenance,
provided that no deduction shall be made for
quarters furnished to any officer or member of
the fire department.

(f) During the period that any emergency
shall exist after being so determined as herein-
before provided, the controller, with the approval
of the mayor and the board of supervisors, may
reallocate any unencumbered balance, or any
part thereof, to the credit of any department or
office exclusive of monies or appropriations made
or required to be made to any bond, bond inter-
est, bond redemption, pension, utility, or trust
fund, so that the same shall be available to meet
the necessities of said emergency, irrespective as
to whether the amount allocated to said depart-
ment or office is fixed by this charter or is the
result of a tax provided by said charter to be
levied for said department. Should the period
during which said emergency is anticipated to
exist extend beyond the end of the fiscal year in
which the same was declared to exist, the mayor,
with the approval of the board of supervisors,
may reduce the amount of any mandatory appro-
priation provided to be allocated to any office or
department; or may reduce the amount of any
tax provided by the charter to be levied for the
support or maintenance of any department or
office. Provided that no such deduction in appro-
priation, provided by this charter to be made to
any department, or in the reallocation of funds,
or reduction in the amount of said tax otherwise
provided to be levied to produce funds for any
department, shall be greater than is necessary to
reflect the deductions in salaries provided in the
section to be made by reason of said emergency.

The provisions of this section shall have
precedence over conflicting provisions of this
charter, but nothing herein contained shall ad-
versely affect the rights of the officers and em-
ployees as set forth in Section 8.400 (h) of the
charter, during the period when no public emer-
gency exists. Contributions by the City and County

and by members of the San Francisco City and
County Employees' Retirement System to, and
benefits, pension payments and allowances un-
der said retirement system, shall be calculated
on the basis of gross salaries and compensations
of such members in the same manner and amounts
as if no deductions fi'om said gross salaries and
compensations were made under this section.

Should any emergency be declared pursuant
to the provisions of this section, which, in the
judgment of the board of supervisors, will neces-
sitate deductions from the salaries of the officers
and employees of the City and County, over and
above the amounts herein provided for, the board
of supervisors by unanimous vote of all of its
members, and with the approval of the mayor
may authorize a further deduction from the
salaries and compensations of any of said officers
and employees by increasing the maximum de-
ductions in this section provided for, up to and
including an amount not to exceed 25 percent of
said respective salaries or compensations as the
same existed before any deduction by authority
of this section.

A8.409 DECLARATION OF POLICY

It is hereby declared to be the policy of the
City and County of San Francisco that strikes by
City employees are not in the public interest and
that, in accordance with Government Code Sec-
tion 3507(e), a method should be adopted for
peacefully and equitably resolving disputes. It is
the farther purpose and policy of the City and
County of San Francisco that the procedures
herein adopted, except as otherwise provided
herein, shall supersede and displace all other
formulae, procedures and provisions relating to
wages, hours, benefits and other terms and con-
ditions of emplojnnent found in this charter, in
the ordinances and resolutions of the City and
County of San Francisco, or in the rules, regula-
tions or actions of boards or commissions of the
City and County of San Francisco.

If any officer or employee covered by this part
engages in a strike as defined by section A8.346(a)
of this charter against the City and County of

Supp. No. 4, Januaiy 2007

A8.409

San Francisco - Charter

366

San Francisco, said employee shall be dismissed
from his or her emplo3mient pursuant to charter
section A8.346.

In accordance with applicable state law, noth-
ing herein shall be construed to restrict any legal
City rights concerning direction of its work force,
or consideration of the merits, necessity, or orga-
nization of any service or activity provided by the
City. The City shall also have the right to deter-
mine the mission of its constituent departments,
officers, boards £ind commissions; set standards
of services to be offered to the public; and exer-
cise control and discretion over the City's orga-
nization and operations. The City may also re-
lieve City employees from duty due to lack of
work or funds, and may determine the methods,
means and personnel by which the City's opera-
tions are to be conducted.

However, the exercise of such rights does not
preclude employees from utilizing the grievance
procedure to process grievances regarding the
practical consequences of any such actions on
wages, hours, benefits or other terms and condi-
tions of employment whenever memoranda of
understanding providing a grievance procedure
are in full force and effect.

It is the declared intent of the voters that the
state statutes referenced in this part be those in
effect on the effective date of this part. (Amended
March 2004)

A8.409-1 EMPLOYEES COVERED

These Sections A8.409 through A8.409-6, in-
clusive, shall apply to all miscellaneous officers
and employees except as set forth in Section
A8. 590-1 et seq. and including employees of San
Francisco Unified School District and San Fran-
cisco Community College District to the extent
authorized by state law. The provisions of char-
ter sections 8.400(h), 8.401-1, and 8.407 are
hereby repealed and shall be of no further force
and effect. Employee organizations representing
employees in classifications covered by section
A8.403 and A8.404 of this Charter may elect to
include those classifications within the coverage
of this part as a separate bargaining unit, pro-
vided however, that the election shall not become

effective without the written approval of the
Mayor and Board of Supervisors. The election
shall be irrevocable and such employees shall
not thereafter be subject to the provisions of
section A8.403 and A8.404.

Employees in classifications not represented
by a recognized employee organization shall be
entitled to represent themselves with the city
and county over wages, hours and other terms
and conditions of employment to the extent re-
quired by state law and shall not be subject to
the arbitration provisions of Section A8.409-4 of
this charter. The Mayor annually shall propose
all forms of compensation for unrepresented em-
ployees including salaries, hours, benefits, and
other terms and conditions of emplo5rment sub-
ject to approval or disapproval of the board of
supervisors. Consistent with other provisions of
this charter, the civil service commission may
adopt rules and procedures relating to said un-
represented employees.

Except as otherwise provided by this charter
the Civil Service Commission shall set the wages
and benefits of all elected officials of the City and
County of San Francisco as follows: The Commis-
sion shall conduct a salary survey of the offices of
chief executive officer, county counsel, district
attorney, public defender, assessor-recorder, trea-
surer, and sheriff", in the counties of Alameda,
Contra Costa, Marin, San Mateo, and Santa
Clara. The Commission shall then average the
salaries for each of those offices to determine
respectively the base five-year salaries for the
Mayor, City Attorney, District Attorney, Public
Defender, Assessor-Recorder, Treasurer, and Sher-
iff.

If any of the aforementioned counties do not
have an office of public defender, that county
shall be omitted from the salary survey for
purposes of determining the base five-year sal-
ary of the Public Defender. Among the aforemen-
tioned counties, any fi-eestanding county assessor's
office or any county office in which the assessor's
function is combined with other county func-
tions, shall be deemed comparable to the office of
Assessor-Recorder for purposes of determining
the base five-year salary of the Assessor-Re-

Supp. No. 4, January 2007

366.1

Appendix A: Employment Provisions

A8.409-1

corder. If any of the aforementioned counties do
not have a comparable county office of treasurer,
the county office whose functions most closely
resemble the Treasurer's functions in San Fran-
cisco shall be deemed comparable to the office of
Treasurer for purposes of determining the base
five-year salary of the Treasurer.

The initial base five-year salary determina-
tion for the respective salaries of the Mayor, City
Attorney, District Attorney, Public Defender, As-
sessor-Recorder, Treasurer, and Sheriff shall ap-
ply to the period from July 1, 2007 through June
30, 2012. Subsequent base five-year salary de-
terminations for those offices shall apply to sub-
sequent five-year periods, for example, July 1,
2012 through June 30, 2017.

For the second, third, fourth, and fifth years
of the period for which any base five-year salary
has been set, the Commission shall annually
adjust the respective salaries of the Mayor, City
Attorney, District Attorney, Public Defender, As-
sessor-Recorder, Treasurer, and Sheriff, to ac-
count for upward annual movement in the Con-
sumer Price Index during the prior calendar
year; provided, that whenever the upward move-
ment in the Consumer Price Index during the
prior calendar year exceeds 5%, the cost-of-living
adjustment shall not be the actual increase in
the Consumer Price Index for the prior calendar
year but instead shall be 5%. The annual cost-
of-living adjustment shall take effect July 1 of
the second, third, fourth, and fifth years of the
period for which the base five-year salary has
been set.

Except as noted below, in setting the initial
and subsequent base five-year salary determina-
tions for the offices of Mayor, City Attorney,
District Attorney, Public Defender, Assessor-
Recorder, Treasurer, and Sheriff, the Commis-
sion may not reduce the respective salaries of
any of those offices. If implementation of the
process for setting the base five-year salary would
otherwise result in a salary reduction for any of
those offices, the base five-year salary for the
affected office or offices shall be the existing
salary for the office.

If the City and County of San Francisco and
employee organizations agree to amend the com-
pensation provisions of existing memoranda of
understanding to reduce costs, the Commission
shall review and amend the respective salaries of
the Mayor, City Attorney, District Attorney, Pub-
lic Defender, Assessor-Recorder, Treasurer, and
Sheriff as necessary to achieve comparable cost
savings in the affected fiscal year or years.

The Commission shall annually set the ben-
efits of elected officials, to take effect July 1 of
each year. Benefits of elected officials may equal
but may not exceed those benefits provided to
any classification of miscellaneous officers and
employees as of July 1 of each year.

In addition, subject to the approval or disap-
proval of the Board of Supervisors, the Mayor
may create, for employees designated as man-
agement, a management compensation package
that recognizes and provides incentives for out-
standing managerial performance contributing
to increased productivity and efficiency in the
work force. In formulating such a package, the
Mayor shall take into account data developed in
conjunction with the civil service commission
regarding the terms of executive compensation
in other public and private jurisdictions. (Amended
March 2004; Amended by Proposition C, Ap-
proved 11/7/2006)

Supp. No. 4, January 2007

[INTENTIONALLY LEFT BLANK]

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367

Appendix A: Employment Provisions

A8.409-3

A8.409-2 INTERIM PROVISIONS

Notwithstanding the provisions of section
8.407 of this charter, from January 3, 1992
through March 31, 1992, in return for acceptance
of a wage freeze for fiscal year 1991-1992, all
recognized employee organizations representing
classifications electing to remain within the cov-
erage of charter sections 8.401 and 8.407 may, on
a one time only basis, elect to bargain for no
more than two additional paid training or fur-
lough days per year to be effective only in fiscal
years 1992-93, 1993-94 and 1994-95, and a den-
tal plan, in recognition of the wage freeze for
1991-92. Such bargaining shall not be subject to
the impasse procedures provided herein or any
other provision of the charter, ordinance, or state
law.

A8.409-3 OBLIGATION TO BARGAIN IN
GOOD FAITH

Notwithstanding any other ordinances, rules
or regulations of the City and County of San
Francisco and its departments, boards and com-
missions, the City and County of San Francisco,
through its duly authorized representatives, and
recognized employee organizations representing
classifications of employees covered by this part
shall have the mutual obligation to bargain in
good faith on all matters within the scope of
representation as defined by Government code
section 3504, relating to the wages, hours, ben-
efits and other terms and conditions of City and
County emplojnnent, including the establish-
ment of procedures for the resolution of griev-
ances concerning the interpretation or applica-
tion of any agreement, and including agreements
to provide binding arbitration of discipline and
discharge; provided, however that, except inso-
far as they affect compensation, those matters
within the jurisdiction of the civil service com-
mission which establish, implement and regu-
late the civil service merit system shall not be
subject to bargaining under this part: the author-
ity, purpose, definitions, administration and or-
ganization of the merit system and the civil
service commission; policies, procedures and fund-
ing of the operations of the civil service commis-
sion and its staff; the establishment and main-

tenance of a classification plan including the
classification and reclassification of positions and
the allocation and reallocation of positions to the
various classifications; status rights; the estab-
lishment of standards, procedures and qualifica-
tions for employment, recruitment, application,
examination, selection, certification and appoint-
ment; the establishment, administration and du-
ration of eligible lists; probationary status and
the administration of probationary periods, ex-
cept duration; pre-employment and fitness for
duty medical examinations except for the condi-
tions under which referrals for fitness for duty
examinations will be made, and the imposition of
new requirements; the designation of positions
as exempt, temporary, limited tenure, part-time,
seasonal or permanent; resignation with satis-
factory service and reappointment; exempt entry
level appointment of the handicapped; approval
of payrolls; and conflict of interest. As to these
matters, the Civil Service Commission shall con-
tinue to be required to meet and confer pursuant
to state law.

Unless and until agreement is reached through
bargaining between authorized representatives
of the City and County of San Francisco and
authorized representatives of recognized em-
ployee organizations for the employee classifica-
tions covered by this part, or a determination is
made through the procedure set forth in section
A8.409-4 hereinafter provided, no existing wages,
written terms or conditions of employment, fringe
benefits, or long-standing past practices for said
employees shall be altered, eliminated or changed
except in cases of emergency. This paragraph
shall be effective only until the approval of the
first memorandum of understanding with a cov-
ered employee organization or six months from
the effective date of this part whichever occurs
sooner.

During the term of an MOU, disputes regard-
ing changes in wages, hours, benefits and other
terms and conditions of employment shall not be
subject to the impasse procedures provided in
this part, but may be subject to grievance arbi-
tration.

No bargaining unit may be included in more
than one memorandum of understanding with

A8.409-3

San Francisco - Charter

368

the City and County of San Francisco. Consis-
tent with charter sections 3.100-2 and 3.103 and
subject to the prior written approval of the
Human Resources Director which shall not be
unreasonably withheld, appointing officers shall
have the authority to negotiate agreements with
recognized employee representatives. Appoint-
ing officers shall consult and coordinate such
negotiations with the Human Resources Direc-
tor. Such memoranda of understanding shall be
restricted to non-economic items within the ju-
risdiction of the department appointing officer
which do not conflict with a City-wide memoran-
dima of understanding. Such memoranda of un-
derstanding shall come into full force and effect
only upon approval by the mayor and thereafter
by a majority vote of the board of supervisors or
other appropriate governing body. Upon such
approval, departmental memoranda of under-
standing shall be attached as appendices to the
employee organization's City-wide memoran-
dum of understanding as negotiated under this
part. No memorandum of understanding negoti-
ated pursuant to this paragraph during the term
of a City-wide memorandum of understanding
shall be subject to the arbitration provisions of
this part until re-negotiation of the employee
organization's City-wide memorandum of under-
standing.

Agreements reached pursuant to this part by
the authorized representatives for the City and
County of San Francisco, on behalf of its depart-
ments, boards and commissions, and the autho-
rized representatives of recognized employee or-
ganizations, once adopted by ordinance of the
board of supervisors, shall be binding on the City
and County of San Francisco, and on its depart-
ments, boards, commissions, officers and employ-
ees and on the recognized employee organiza-
tions and their successors, and all employees in
classifications they represent. Except as specifi-
cally set forth in this part, said agreements shall
supersede any and all other conflicting proce-
dures, provisions and formulae contained in this
charter, in the ordinances of the board of super-
visors, or in the rules or regulations of the City
and County of San Francisco, relating to wages.

hours, or other terms and conditions of employ-
ment. (Amended March 2004)

A8.409-4 IMPASSE RESOLUTION
PROCEDURES

(a) Subject to Section A8.409-4(g), disputes
pertaining to wages, hours, benefits or other
terms and conditions of employment which re-
main unresolved after good faith bargaining be-
tween the City and County of San Francisco, on
behalf of its departments, boards and commis-
sions, and a recognized employee organization
representing classifications of employees covered
under this part shall be submitted to a three-
member mediation/arbitration board ("the board")
upon the declaration of Ein impasse either by the
authorized representative of the City and County
of San Francisco or by the authorized represen-
tative of the recognized employee organization
involved in the dispute; provided, however, that
the arbitration procedures set forth in this part
shall not be available to any employee organiza-
tion that engages in a strike unless the parties
mutually agree to engage in arbitration under
this section. Should any employee organization
engage in a strike either during or after the
completion of negotiations and impasse proce-
dures, the arbitration procedure shall cease im-
mediately and no further impasse resolution
procedures shall be required.

(b) Not later than January 20 of any year in
which bargaining on an MOU takes place, rep-
resentatives designated by the City and County
of San Francisco and representatives of the rec-
ognized employee organization involved in bar-
gaining pursuant to this part shall each select
and appoint one person to the board. The third
member of the board shall be selected by agree-
ment between the City and County of San Fran-
cisco and the recognized employee organization,
and shall serve as the neutral chairperson of the
board.

In the event that the City and County of San
Francisco and the recognized employee organi-
zation involved in bargaining cannot agree upon
the selection of the chairperson within ten (10)
days after the selection of the City and County
and employee organization members of the board.

369

Appendix A: Employment Provisions

A8.409-4

either party may then request the American
Arbitration Association or CaHfornia State Me-
diation Service to provide a Ust of the seven (7)
persons who are quahfied and experienced as
labor interest arbitrators. If the City and County
and the employee organization cannot agree within
three (3) days after receipt of such list on one of
the seven (7) persons to act as the chairperson,
they shall randomly determine which party strikes
first, and shall alternately strike names from the
list of nominees until one name remains and that
person shall then become the chairperson of the
board.

(c) Any proceeding convened pursuant to
this section shall be conducted in conformance
with, subject to, and governed by Title 9 of Part
3 of the California Code of Civil Procedure. The
board may hold public hearings, receive evidence
from the parties and, at the request of either
party, cause a transcript of the proceedings to be
prepared. The board, in the exercise of its discre-
tion, may meet privately with the parties to
mediate or mediate/arbitrate the dispute. The
board may also adopt other procedures designed
to encourage an agreement between the parties,
expedite the arbitration hearing process, or re-
duce the cost of the arbitration process.

(d) In the event no agreement is reached
prior to the conclusion of the arbitration hear-
ings, the board shall direct each of the parties to
submit, within such time limit as the board may
establish, a last offer of settlement on each of the
remaining issues in dispute. The board shall
decide each issue by majority vote by selecting
whichever last offer of settlement on that issue it
finds by a preponderance of the evidence pre-
sented during the arbitration most nearly con-
forms to those factors traditionally taken into
consideration in the determination of wages,
hours, benefits and terms and conditions of pub-
lic and private emplojnnent, including, but not
limited to: changes in the average consumer
price index for goods and services; the wages,
hours, benefits and terms and conditions of em-
ployment of employees performing similar ser-
vices; the wages, hours, benefits and terms and
conditions of employment of other employees in
the City and County of San Francisco; health

and safety of employees; the financial resources
of the City and County of San Francisco, includ-
ing a joint report to be issued annually on the
City's financial condition for the next three fiscal
years from the Controller, the Mayor's budget
analyst and the budget analyst for the board of
supervisors; other demands on the City and
County's resources including limitations on the
amount and use of revenues and expenditures;
revenue projections; the power to levy taxes and
raise revenue by enhancements or other means;
budgetary reserves; and the City's ability to
meet the costs of the decision of the arbitration
board. In addition, the board shall issue written
findings on each and every one of the above
factors as they may be applicable to each and
every issue determined in the award. Compli-
ance with the above provisions shall be manda-
tory.

(e) To be effective the beginning of the next
succeeding fiscal year, an agreement shall be
reached or the board shall reach a final decision
no later than sixty days before the date the
Mayor is required to submit a budget to the
board of supervisors, except by mutual agree-
ment of the parties. After reaching a decision,
the board shall serve by certified mail or by hand
delivery a true copy of its decision to the parties.
The decision and findings of the arbitration
board shall not be publicly disclosed until ten
(10) days after it is delivered to the parties.
During that ten (10) day period the parties shall
meet privately, attempt to resolve their differ-
ences, and by mutual agreement amend or modify
the decision and findings of the arbitration board.
At the conclusion of the ten (10) day period,
which may be extended by mutual agreement
between the parties, the decision and findings of
the arbitration board, as it may be modified or
amended by the parties, shall be publically dis-
closed for a period of fourteen (14) days after
which time the decision shall be final and bind-
ing. Except as otherwise provided by this part,
the arbitration decision shall supersede any and
all other relevant formulae, procedures and pro-
visions of this charter relating to wages, hours,
benefits and terms and conditions of employ-
ment, and it shall be final and binding on the

A8.409-4

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370

parties to the dispute. However, the decision of
the board may be judicially challenged by either
party.

Thereafter, the City and County of San Fran-
cisco, its designated officers, employees and rep-
resentatives and the recognized employee orga-
nization involved in the dispute shall take
whatever action necessary to carry out and effec-
tuate the final decision.

(f) The expenses of any proceedings con-
vened pursuant to this part, including the fee for
the services of the chairperson of the board, the
costs of preparation of the transcript of the
proceedings and other costs related to the con-
duct of the proceedings, as determined by the
board, shall be borne equally by the parties. All
other expenses which the parties may incur are
to be borne by the party incurring such expenses.

(g) The impasse resolution procedures set
forth in Section A8.409-4, or in any other provi-
sion of the charter, ordinance or state law shall
not apply to any rule, policy, procedure, order or
practice which relates or pertains to the purpose,
goals or requirements of a consent decree, or
which is necessary to ensure compliance with
federal, state or local laws, ordinances or regu-
lations. In the event the City acts on a matter it
has determined relates to or pertains to a con-
sent decree, or in the event the City acts to
ensure compliance with federal, state, or local
laws, ordinances or regulations, and the affected
employee organization disputes said determina-
tion, that determination or action shall not be
subject to arbitration, but may be challenged in a
court of competent jurisdiction.

(h) The impasse resolution procedures set
forth in section A8. 409-4, or in any other section
of the charter, shall not apply to any proposal
pertaining to the right to strike.

(i) Charter sections A8.590-1 through
A8.590-7 shall remain in full force and effect;
provided, however, that the wages and other
economic benefits and compensation of all clas-
sifications of employees covered by these sec-
tions shall be frozen for fiscal year 1995-96 at the
rates in effect on June 30, 1995, except that
wages and other economic benefits and compen-

sation of all classifications of Airport Police shall
be frozen for the fiscal year following expiration
of the Memorandum of Understanding covering
those classifications in effect on the effective
date of this amendment.

(j) Subject to the election provisions of sec-
tion A8.409-1, Charter sections A8.403 and A8.404
shall remain in full force and effect; provided,
however, that the wages and other economic
benefits and compensation of all classifications
of employees covered by section A8.404 shall be
frozen for fiscal year 1995- 96 at the rates in
effect on June 30, 1995. (Amended March 2004)

A8.409-5 RETIREMENT BENEFITS

Notwithstanding any other provision of this
part, retirement and death allowances shall con-
tinue to be set and adjusted pursuant to Chapter
Five of this Article.

However, death benefits and survivor allow-
ances, retirement allowances, adjustments to
retirement allowances and adjustments to con-
tinuant allowances payable by the retirement
system and based on fiscal year 1991-1992 wages
and salaries covered by charter section 8.407,
shall be calculated for all employees covered by
charter sections 8.401 and 8.407 based on the
rates certified by the civil service commission to
the board of supervisors as though the 1991-
1992 salary standardization ordinance vetoed by
the mayor had become law. No such payment
shall exceed the maximum amount permitted by
Section 415 of the Internal Revenue Code of
1986, as amended from time to time, or the
maximum amount which would still permit the
retirement system to preserve its tax-qualified
status under Section 401 of the Internal Revenue
Code of 1986, as amended from time to time.

A8.409-6 EMPLOYEE RELATIONS
RULES

Within sixty (60) days of adoption of this
amendment, the Mayor shall appoint a panel
which after consultation with all parties of inter-
est, shall review the current employee relations
ordinance and make recommendations to the
Board of Supervisors for such changes as may be
necessary to effectuate the purposes of this part.

371

Appendix A: Employment Provisions

A8.421

Such changes shall include the creation of an
employee relations board. The duties of the em-
ployee relations board shall include hearing and
making determinations concerning unfair labor
practice charges, disputes regarding representa-
tion matters, and unit determinations.

A8.410 REIMBURSEMENT OF
EXPENSES

Except in the discharge of routine duties,
traveling and pajnnent of expenses therefor shall
be authorized only by ordinance; provided, that
allowances therefor shall not exceed cost of trans-
portation, including Pullman charges, if any, and
a reasonable amount per diem for necessary
expenses, which per diem shall be fixed annually
by ordinance and shall be applicable to all offi-
cers and employees.

A8.411 PAYMENT FOR REPAIR OR
REPLACEMENT OF EQUIPMENT

Notwithstanding the provisions of Sections
8.400(a) and (c) through (g), 8.401, 8.402, 8.403,
8.405(a) and 8.405(c), or any other provision of
this charter, the board of supervisors may pro-
vide by ordinance for the pajnnent of the costs of
replacing or repairing equipment, property, or
prostheses of any uniformed officer or employee
of the police department, fire department, sheriffs
office or municipal railway, such as, but not
confined to eyeglasses, hearing aids, dentures,
watches, or articles of clothing necessarily worn
or carried by such employee when any such
items are damaged in the line of duty without
fault of the employee. If the items are damaged
beyond repair, the actual value of such items
may be paid. The value of such items shall be
determined as of the time of the damage thereto.

The board by a three-fourths vote of all of its
members may make similar provision in relation
to any other officer or employee where it finds
that the damage or loss was occasioned by un-
usual circumstances or the occurrence of an
extraordinary event.

The board is authorized to enact any and all
ordinances necessary to carry out the provisions
of this section.

A8.420 ESTABLISHMENT OF AND
MEMBERSHIP IN HEALTH SERVICE
SYSTEM

A health service system is hereby estab-
lished. Said system shall be administered by the
human resources department subject to the ap-
proval of the health service board. The members
of the system shall consist of all permanent
employees, which shall include officers of the
City and Cotmty, of the San Francisco Unified
School District, and of the Parking Authority of
the City and County of San Francisco and such
other employees as may be determined by ordi-
nance, subject to such conditions and qualifica-
tions as the board of supervisors may impose,
and such employees as may be determined by
collective bargaining agreement. Any employee
who adheres to the faith or teachings of any
recognized religious sect, denomination or orga-
nization and, in accordance with its creed, tenets
or principles, depends for healing upon prayers
in the practice of religion shall be exempt from
the system upon filing annually with the human
resources department an affidavit stating such
adherence and dependence and disclaiming any
benefits under the system. The human resources
department shall have the power to exempt any
person whose compensation exceeds the amount
deemed sufficient for self coverage and any per-
son who otherwise has provided for adequate
medical care. Any claim or request for exemption
denied by the human resources department may
be appealed to the health services board.

A8.421 ADOPTION OF PLANS FOR
RESIDENTS.

Subject to the requirements of state law and
the budgetary and fiscal provisions of the Char-
ter, the Health Service Board is authorized by a
two-thirds vote of the entire membership of the
Health Service Board to adopt a plan or plans or
make other provision for health or dental ben-
efits for residents of the City and County of San
Francisco. Such plan or plans shall not become
effective until approved by an ordinance of the
Board of Supervisors adopted by three-fourths of
its members. Residents shall not by virtue of
enrolling in such plan or plans become members

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A8.421

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372

of the Health Service System. The Health Ser-
vice System Fund shall not be used to provide
any benefits under this section. The Health Ser-
vice Board shall adopt rules and regulations to
administer this section.

The determinations made under this section,
including but not limited to whether to adopt a
plan or plans, what benefits to offer, determina-
tion of eligibility, and the fixing and allocation of
the cost of any plan or plans, are within the sole
discretion of the City and County and its offi-
cials. (Amended November 2004)

A8.422 ADOPTION OF PLANS FOR
MEMBERS

The board shall have power and it shall be its
duty by a two-thirds vote of the entire member-
ship of the health service board to adopt a plan or
plans for rendering medical care to members of
the system, or for the indemnification of the cost
of said care, or for obtaining and carrjdng insur-
ance against such costs or for such care.

Such plan or plans as may be adopted, shall
not become effective until approved by ordinance
of the board of supervisors, adopted by three-
fourths of its members.

The board of supervisors shall secure an
actuarial report of the costs and effect of any
proposed change in the benefits of the health
service system or rates of contribution before
enacting an ordinance or before voting to submit
any proposed charter amendment providing for
such change. (Amended November 2004)

A8.423 REVISION OF SCHEDULES AND
COMPENSATION

In January of each year, at a public hearing,
the health service board shall review and deter-
mine the adequacy of medical care provided for
members of the system and the adequacy of fee
schedules and the compensation paid for all
services rendered and it may make such revi-
sions therein as it deems equitable but such
revisions shall not become effective until ap-
proved by ordinance of the board of supervisors
adopted by three-fourths of its members.

Commencing in 1973, the health service board
shall, prior to the second Monday in January in
each year, conduct a survey of the 10 counties in
the State of California, other than the City and
County of San Francisco, having the largest
populations to determine the average contribu-
tion made by each such county toward the pro-
viding of health care plans, exclusive of dental
care, for each employee of such county. The
Health Service Board may promulgate rules and
regulations for the survey to allow for unavoid-
able gaps in survey data and to insure a consis-
tent methodology from year to year. In accor-
dance with said survey, the health service board
shall determine the average contribution made
with respect to each employee by said 10 coun-
ties toward the health care plans provided for
their employees and on or before the second
Monday in January of each year, the health
service board shall certify to the board of super-
visors the amount of such average contribution.
For the purposes of Section A8.428, the amount
of such average contribution shall be "the aver-
age contribution."

The health service board shall have the re-
sponsibility to obtain and disseminate informa-
tion to its members with regard to plan benefits
and costs thereof. All expenses in connection
with obtaining and disseminating said informa-
tion and the investment of such fund or funds as
may be established, including travel and trans-
portation costs, shall be borne by the system
from reserves in the health service fund but only
upon adoption of a resolution by the health
service board approving such expenses. (Amended
November 2004)

A8.424 SPECIFICITY REQUIRED

Each plan for medical care shall make de-
tailed and specific provision for the benefits to be
provided thereunder and for the rates of contri-
bution required to support the plan.

A8.425 PERSONS COVERED

Each plan may make provision for the par-
ticipation in the benefits of the system by the
dependents of members, retired City and County
employees, temporary City and County employ-

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373

Appendix A: Employment Provisions

A8.427

ees, such other dependents of deceased and re-
tired City and County employees as the board of
supervisors may authorize by ordinance, teach-
ers and other employees of the San Francisco
Unified School District retired under the San
Francisco City and County Employees' Retire-
ment System and resigned employees of the City
and County and resigned teachers and employ-
ees of the school district whose resignations
occur after June 15, 1955, and within 30 days
immediately prior to the date on which, but for
their resignations, they would have become re-
tired members of the said retirement system, on
whose relinquishment of retirement allowances
as permitted by the charter occurs after such
date and resigned employees of the San Fran-
cisco Unified School District not otherwise in-
cluded. A resigned employee or teacher is one
whose employment has terminated other than
by retirement, discharge or death or who has
relinquished retirement allowances. The pur-
pose of empowering the health service board to
make provision for the participation in the ben-
efits of the system to the aforementioned re-
signed teachers and employees of the San Fran-
cisco Unified School District is to enable them,
subject to the health service board's exercise of
its power, to participate in the benefits of the
system after transferring to the State Teachers'
Retirement System from the San Francisco City
and County Employees' Retirement System. The
purpose of empowering the health service board
to make provision for participation in the ben-
efits of the system by the aforementioned re-
signed employees of the City and County and
other resigned employees of San Francisco Uni-
fied School District is to permit the health ser-
vice board to have power to treat them the same
as it treats resigned teachers and employees of
the San Francisco Unified School District.

As used in this section, and for the purpose of
this section, the terms "city and County employ-
ees" and "employees of the City and County"
shall include officers and employees of the Park-
ing Authority of the City and County of San
Francisco.

In addition to "the average contributions" in
Subsection (b) of Section A8.428, the board of

supervisors may provide by ordinance for addi-
tional funds from the City and County to pay the
full cost of any plan for medical benefits adopted
under Sections A8.422 or A8.423 for current
members of the board of supervisors. The board
of supervisors may also provide by ordinance for
the continuation in any plan by former supervi-
sors who agree to and do pay the full cost of such
benefit. (Amended March 2000)

A8.426 RIGHT OF SELECTION

No member of the health service system shall
be required to accept the services or medical
supplies of any physician (physician includes
physicians and surgeons, optometrists, dentists,
chiropodists and osteopathic and chiropractic
practitioners licensed by California State Law
and within the scope of their practice as defined
by California State Law), person licensed to treat
human diseases without the use of drugs, nurse,
pharmacist or hospital selected by the health
service board, but, subject to rules and regula-
tions of that board, every member shall have the
right to select, of his own choice, any duly li-
censed physician, as defined herein, person li-
censed to treat human diseases without the use
of drugs, nurse, pharmacist, hospital or other
agency of medical care as herein defined, who or
which will render the required services pursuant
to said rules and regulations, and the health
service board shall make provision for the exer-
cise of such choice; and is hereby expressly
prohibited from entering into any exclusive con-
tract for the rendering of said services.

Any duly Hcensed physician, as defined herein,
person licensed to treat human diseases without
the use of drugs, nurse, pharmacist, hospital or
other agency of medical care shall have the right
to furnish such services or medical supplies at
uniform rates of compensation to be fixed by the
health service board.

A8.427 EFFECT OF OTHER CHARTER
PROVISIONS

Except as otherwise specifically provided
herein, all provisions of the charter shall be fully
applicable to the health service board, the health
service system and its administrator, medical

Supp. No. 1, September 2006

A8.427

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374

director and employees in the same manner that
they apply to other boards, commissions, and
departments of the City and County. (Amended
November 2004)

A8.428 HEALTH SERVICE SYSTEM
TRUST FUND

There is hereby created a health service
system trust fund. The costs of the health service
system shall be borne by the members of the
system and retired persons, the City and County
of San Francisco because of its members and
retired persons and because of the members and
retired persons of the Parking Authority of the
City and County of San Francisco, the San
Francisco Unified School District because of its
members and retired persons and the San Fran-
cisco Community College District because of its
members and retired persons. A retired person
as used in this section means a former member of
the health service system retired under the San
Francisco City and County Employees' Retire-
ment System, and the surviving spouse or sur-
viving domestic partner of an active employee
and the surviving spouse or surviving domestic
partner of a retired employee, provided that the
surviving spouse or surviving domestic partner
and the active or retired employee have been
married or registered as domestic partners for a
period of at least one year prior to the death of
the active or retired employee.

The City and County, the school district and
the community college district shall each contrib-
ute to the health service fund amounts sufficient
for the following purposes, and subject to the
following limitations:

(a) All funds necessary to efficiently admin-
ister the health service system.

(b) The City and County, the school district
and the community college district shall contrib-
ute to the health service system fund with re-
spect to each of their members an amount equal
to "the average contribution," as certified by the
health service board in accordance with the
provisions of Section A8.428.

(c) Monthly contributions required from re-
tired persons and the surviving spouses and
surviving domestic partners of active employees
and retired persons participating in the system
shall be equal to the monthly contributions re-
quired from members in the system for health
coverage-excluding health coverage or subsidies
for health coverage paid for active employees as
a result of collective bargaining, with the follow-
ing modifications:

(1) the total contributions required from
retired persons who are also covered under Medi-
care shall be reduced by an amount equal to the
amount contributed monthly by such persons to
Medicare;

(2) because the monthly cost of health cov-
erage for retired persons may be higher than the
monthly cost of health coverage for active em-
ployees, the City and County, the school district
and the community college district shall contrib-
ute funds sufficient to defray the difference in
cost to the system in providing the same health
coverage to retired persons and the surviving
spouses and surviving domestic partners of ac-
tive employees and retired persons as is provided
for active employee members excluding health
coverage or subsidies for health coverage paid for
active employees as a result of collective bargain-
ing;

(3) after application of Section (c) and sub-
sections (c)(1) and (c)(2), the City and County, the
school district and the community college district
shall contribute 50% of retired persons' remain-
ing monthly contributions.

(d) The City and County, the San Francisco
Unified School District and the San Francisco
Community College District shall contribute to
the health service system fund 50% of the monthly
contributions required for the first dependent of
retired persons in the system. Except as herein-
before set forth, the City and County, the San
Francisco Unified School District and the San
Francisco Community College District shall not
contribute to the health service system fund any
sums on account of participation in the benefits
of the system by members' dependents, except
surviving spouses and surviving domestic part-

Supp. No. 1, September 2006

374.1

Appendix A: Employment Provisions

A8.428

ners, retired persons' dependents, except surviv-
ing spouses and surviving domestic partners,
persons who retired and elected not to receive
benefits from San Francisco City and County
Employees' Retirement System; resigned employ-
ees and teachers defined in Section A8.425, and
any employee whose compensation is fixed in

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[INTENTIONALLY LEFT BLANK]

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375

Appendix A: Employment Provisions

A8.432

accordance with Sections A8.401,A8.403, or A8.404
of this charter and whose compensation therein
includes an additional amount for health and
welfare benefits or whose health service costs
are reimbursed through any fimd established for
said purpose by ordinance of the board of super-
visors.

It shall be the duty of the board of supervi-
sors, the board of education and the governing
board of the community college district annually
to appropriate to the health service system fund
such amounts as are necessary to cover the
respective obligations of the City and County, the
San Francisco Unified School District and the
San Francisco Community College District hereby
imposed. Contributions to the health service
system fund of the City and County, of the school
district and of the community college district
shall be charged against the general fund or the
school, utility, bond or other special fund con-
cerned.

The amendments of this section contained in
the proposition therefor submitted to the elector-
ate on November 7, 2000 shall be effective July 1,
2001. (Amended November 1984; November 2000;
November 2004)

A8.429 CONTRIBUTIONS TO FUND

The health service board shall determine and
certify to the controller the amount to be paid
monthly by the members of the system to the
health service system fund for the purposes of
the system hereby created. The controller shall
deduct said sums from the compensation of the
members and shall deposit the same with the
treasurer of the City and County to the credit of
the health service system fund.

Such deductions shall not be deemed to be a
reduction of compensation rnider any provision
of this charter.

The health service board shall have control of
the administration and investment of the health
service system fund, provided that all invest-
ments shall be of the character legal for insur-
ance companies in California. Disbursements
from the fund shall be made only upon audit by
the controller and the controller shall have and

exercise the accounting and auditing powers
over the health service system fund which are
vested in him by this charter with respect to all
other municipal boards, officers and commis-
sions.

A8.430 "MEDICAL CARE" DEFINED

The term "medical care" shall be defined by
the health service board. All acts performed and
services rendered under the provisions of this
section shall be performed in accordance with
the provisions as to professional conduct pre-
scribed by the statutes of the State of California
regulating such professional conduct and ser-
vices.

A8.431 LIMITATION OF CLAIMS BY
MEMBERS

Except as herein provided, members of the
system shall have and possess no claim or re-
course against any of the funds of the municipal-
ity by virtue of the adoption or operation of any
plan for rendering medical care, indemnifying
costs of said care or canying insurance against
such costs, but except as herein provided, the
claim and recourse of any such member shall be
limited solely to the funds of the system. All
expenses of the system shall be paid exclusively
from the health service system fund, and, except
as herein provided, the City and County and the
San Francisco Unified School District shall not
appropriate or contribute funds in any manner
for the purposes of the system hereby estab-
lished and provided.!

A8.432 TRANSITION

The board of supervisors is authorized to
enact by a vote of three-fourths of its members,
any and all ordinances necessary to carry out the
provisions of Sections 8.420 to and including
8.432.

Any surplus or deficit existing in the health
service fund on February 5, 1958, shall belong to
or be the obligation of members, as the case may
be, and the City and County and the San Fran-
cisco Unified School District shall neither receive

A8.432

San Francisco - Charter

376

payment nor credit nor shall it contribute to such
fund on account of medical care rendered prior to
such date.

A8.440 ANNUAL VACATIONS OF
EMPLOYEES

(a) Every person employed in the City and
County service shall be allowed a vacation with
pay annually, as long as he continues in his
emplo3niient, as follows:

(1) After one year's continuous service, 10
working days.

(2) After five years' continuous service, 15
working days.

(3) After 15 years' continuous service, 20
working days.

(b) Employees may elect not to take their
entire vacation in any one year and in such event
may accumulate the days allowable and not
taken for use at some future time, provided,
however, that no employee may accumulate un-
used vacation allowance in excess of 30 working
days regardless of length of service.

(c) In computing vacation pay, no employee
shall be considered to work more than five days
each week. Vacation pay for employees working
less than a five-day week shall be computed
proportionately.

(d) If a hoHday occurs during such employee's
vacation, and the employee would as a matter of
law have been entitled to said day as a regular
day off, such holiday shall not be considered a
day of vacation chargeable to the employee's
vacation allowance.

(e) The time when vacations are to be taken
shall be at the convenience of the principal
executive, with due regard for seniority.

(f) An employee with one year or more of
service who ceases to be employed by the City
and County and who has neither received nor
waived his current annual vacation allowance
shall receive a pro-rata payment for all service
performed since January 1 of the calendar year
in which he ceases to be employed, together with
an amount equivalent to any accumulated vaca-
tion allowances due him.

(g) The board of supervisors shall enact any
and all ordinances necessary to administer, in-
terpret and regulate the provisions of Subsec-
tions (a) through (f) of this section.

(h) Every employee of the City and County
of San Francisco whose rate of compensation is
fixed pursuant to the provisions of Sections 8.403
and 8.404 of this charter shall be entitled to
receive an annual vacation at the time, with the
pay and of the duration specified in this section
and no section of the charter nor any provision of
any collective bargaining agreement nor any
street railway or bus wage schedule shall be
construed in any manner or for any purpose to
increase, reduce or otherwise affect the time or
duration of, or pay for, vacations provided by this
section nor shall any employee be deemed to
have any vacation rights other than or in excess
of the vacation rights specified in this section.

(i) The vacation rights granted by this sec-
tion, or contained in any collective bargaining
agreements, or in any street railway or bus wage
schedules, as any of said terms are referred to in
Sections 8.403 and 8.404 of this charter, shall in
no way increase, reduce or otherwise affect or be
deemed to affect the wage or pay rate or schedule
determinations made pursuant to the provisions
of said Sections 8.403 and 8.404.

A8.441 AUTHORIZATION TO TRANSFER
VACATION CREDITS

(a) Employees of the City and County of
San Francisco may transfer their vested vaca-
tion allowance credits to other employees of the
City and County of San Francisco who have been
determined to be catastrophically ill by the
employee's head of department, in accord with
the definition of catastrophic illness to be pro-
vided by the Health Commission, and who have
exhausted their vacation allowance, sick leave
and compensatory time off, provided that such
transfer may be made only in compliance with
the terms and conditions established by the
board of supervisors.

By ordinance, the Board of Supervisors may
extend such vacation credit transfer rights to
City employees for use as family leave to care for

377

Appendix A: Employment Provisions

A8.451

catastrophically-ill spouses, domestic partners
or other dependents as defined in the Internal
Revenue Code (26 U.S.C. sec. 152), as amended
from time to time.

(b) The board of supervisors is hereby em-
powered to enact any and all ordinances neces-
sary to administer, interpret and regulate the
provisions of this section. (Amended November
1999)

A8.450 MUNICIPAL RAILWAY

Persons employed as platform men or bus
operators in the operating department of the
municipal railway system shall be subject to the
following conditions of employment: The basic
hours of labor shall be eight hours, to be com-
pleted within 10 consecutive hours, and there
shall be two days off, consecutive where practi-
cable, in each week. All labor performed in excess
of eight hours in any one day, or after a spread of
10 consecutive hours in any one day, or five days
in any one week, shall be paid for at the rate of
time and one-half.

Conductors and motormen may be assigned
to duty as bus operators and while assigned to
such duty they shall receive the compensation
fixed for such service. Such assignment shall be
governed by seniority of service, subject to a
qualifying test by the railroad management as to
competency and to state laws as to qualifications
and licensing.

A8.451 POLICE DEPARTMENT

(a) The word "member" or "members" as
used in this section shall mean the members in
the police department set forth in Section 3.531
of this charter.

(b) The basic week of service for each mem-
ber shall be 40 hours and the annual compensa-
tion set forth in Section 3.531 of this charter
shall be based upon said basic week of service.

(d) Whenever in the judgment of the chief of
police public interest or necessity requires the
services of any member to serve in excess of the

basic week of service during any week, the chief
of police may permit said service, and said mem-
ber shall be compensated therefor or shall re-
ceive equivalent time credited to him in lieu
thereof in accordance with this subsection. For
service performed in excess of the basic week,
member shall, as requested by the member, be
compensated on the basis of time and one-half in
accordance with the ratio which said excess
service bears to the basic week of service and the
annual compensation provided therefor in Sec-
tion 3.531 or in lieu thereof equivalent time off
duty with pay at the rate of time and one-half.

(e) Nothing contained in this section shall
be deemed to interfere with a vacation, as pro-
vided for in Section 8.440 of this charter, or the
normal days off per week; provided, however,
that when in the judgment of the chief of police
public interest or necessity requires the services
of any member to serve on his vacation, or part
thereof, or normal days off, the chief of police
may permit said member to serve during said
vacation, or part thereof, or normal days off and
he shall receive additional compensation for the
period so served. Said additional compensation
shall be computed on the basis of time and
one-half in accordance with the ratio which said
extra service performed bears to the basic week
of service and the annual compensation provided
therefor in Section 3.351.

(f) Nothing in this section shall abridge or
limit in any way the provisions of Section 301,
Part 1, of the San Francisco Municipal Code,
approving Rule 32 of the civil service commis-
sion, insofar as sick leave and disability leaves
for members are concerned.

(g) Whenever in the judgment of the police
commission the efficient performance of police
duty requires that one or more members of the
police department should report for roll call,
orders, and assignment, prior to going on duty,
the said commission may designate a period not
to exceed 15 minutes in any one day for said
reporting, and the said periods of 15 minutes
need not be compensated for in money or in time
off with pay.

A8.451

San Francisco - Charter

378

(h) Notwithstanding the provisions of any
of the foregoing subsections, the members of the
pohce department shall be entitled to the days
declared to be holidays for employees whose
compensations are fixed on a monthly basis in
the schedules of compensations adopted by the
board of supervisors pursuant to the provisions
of Section 8.401 of the charter as additional days
off with pay. Members shall be compensated on
the basis of time and one-half as herein com-
puted or shall be granted equivalent time off
duty with pay at the rate of time and one-half as
requested by the member.

(i) The provisions of this section changing
compensation for service in excess of the basic
week of service from straight time compensation
and equivalent time off duty with pay to time
and one-half for compensation and for time off
duty with pay shall be effective on and after July
1, 1983.

(j) Any member who actually performs ser-
vices between the hours of 5:00 p.m. and 7:00
a.m. shall be entitled to an additional 6.25 per-
cent of the compensation otherwise payable for
base pay therefor for all such hours worked;
provided, however, that such additional compen-
sation shall not be included for purposes of
retirement benefit calculation or contributions
provided elsewhere in this charter.

The provisions of this subsection shall be-
come effective in the manner provided by law,
but in no event prior to July 1, 1984.

A8.452 FIRE DEPARTMENT

The chief of department shall recommend
and the fire commission shall provide by rule for
work schedules or tours of duty for the officers
and members occupying the several ranks of the
fire department; provided, however, that the
normal work week determined on an annual
basis for such officers and members shall not
exceed 48.7 hours. All tours of duty established
for officers and members assigned to the fire
fighting companies and fire fighting units except-
ing the arson investigation unit, shall start at
eight o'clock A.M. No such officer or member
shall be required to work more than twenty-four

consecutive hours except in a case of conflagra-
tion, disaster, or sudden and unexpected emer-
gency of a temporary nature requiring the ser-
vices of more than the available on-duty officers
and members of the uniformed force of the de-
partment. Officers and members may exchange
watches with permission of the chief of depart-
ment and time worked on such exchange of
watches shall not be construed as time in viola-
tion of the limitation of 48.7 hours in any normal
work week nor 24 consecutive hours. Each such
officer and each such member shall be entitled to
at least one (1) day off duty during each week.

When, in the judgment of the chief of depart-
ment, it is in the public interest that any such
officer or member shall work on his day off and
said officer or member consents to so work, he
may at the direction of the chief of department
work on said day off, and in addition to the
regular compensation provided for said officer or
member as set forth in the Charter, said officer
or member shall, as requested by the officer or
member, be entitled to be compensated at the
rate of time and one-half his regular rate of pay
as provided for herein for said extra time served,
or he shall be allowed the equivalent time off at
the rate of time and one-half.

In any computation in the administration of
the San Francisco City and County Employees'
Retirement System in which the compensation,
as defined in any provisions relating to the
retirement system, is a factor, compensation for
overtime provided for in this section shall be
excluded, and no such overtime compensation
shall be deemed as compensation for any pur-
pose relating to such retirement provisions.

Officers and members of the uniformed force
shall be entitled to the days declared to be
holidays for employees whose compensation are
fixed on a monthly basis in the schedule of
compensation adopted by the board of supervi-
sors, pursuant to the provisions of Section 8.401
of the charter, as additional days off with pay.
Officers or members shall be compensated for
said days on the basis of time and one-half as
herein computed or shall be granted equivalent
time off duty with pay at the rate of time and
one-half, as requested by the officer or member.

379

Appendix A: Employment Provisions

A8.500-1

For payroll purposes, that portion of each
tour of duty which falls within each calendar day
shall constitute a single tour of duty. The rate of
compensation or equivalent time off as provided
for in this section, shall be calculated by dividing
the annual rates of pay for each fiscal year by
two-thirds (2/3) number of single tours of duty as
scheduled for the several ranks in the fire fight-
ing companies in said fiscal year.

A8.500 RETIREMENT SYSTEM FOR
OFFICERS AND EMPLOYEES

In order to continue in force provisions al-
ready existing for retirement and death benefits
for officers and employees of the City and County,
the San Francisco City and County Employees'
Retirement System, hereinafter referred to as
the retirement system or the system, is hereby
continued. The enactment of Sections 3.670, 3.672
and Sections 8.500 to 8.581, inclusive, of this
charter is not intended to, and shall not in any
way, alter or modify the rights, benefits, or
obligations of any member or beneficiary of the
retirement system or of the City and County
with respect to that system as they exist at the
time this charter becomes effective.

Ordinance provisions already existing with
respect to the retirement system shall continue
in force until amended or revoked by the board of
supervisors as provided in this section. The board
of supervisors is hereby empowered to enact, by
a vote of three-fourths of its members, any and
all ordinances necessary to carry into effect the
provisions of Sections 3.670, 3.672 and Sections
8.500 through 8.588-15, of this charter; provided
that the board of supervisors shall secure, through
the retirement board, an actuarial report of the
cost and effect of any proposed change in the
benefits under the retirement system, before
enacting an ordinance or before voting to submit
any proposed charter amendment providing for
such change.

Subject to the vested rights rule, the board of
supervisors is further empowered to enact, by a
vote of three-fourths of its members, ordinances
to conform the provisions of the retirement sys-
tem to any changes in the tax laws of the United
States to the extent necessary to maintain the

qualified tax status of the retirement system
provided that the board of supervisors shall first
secure, from the retirement board, an actuarial
report of the cost and effect of any such change
and the recommendation from the retirement
board that such an ordinance is necessary.

The board of supervisors is further empow-
ered to enact, by a vote of three-fourths of its
members, ordinances to allow Internal Revenue
Code section 414(h)(2) tax treatment of mem-
bers' contributions to the retirement system pro-
vided that the board of supervisors shall first
secure from the retirement board an actuarial
report which certifies that such ordinances will
not increase costs, other than administrative
costs, for the City and County.

A8.500-1 RECIPROCAL PENSION
BENEFITS WITHIN THE RETIREMENT
SYSTEM AND WITH OTHER PUBLIC
PENSION PLANS

Subject to the provisions of Section 8.500, the
board of supervisors shall have the power to
enact ordinances to establish reciprocal agree-
ments with the Public Employees' Retirement
System and other public agencies maintaining
independent retirement systems for the purpose
of extending reciprocal benefits to members of
such systems as provided by state law. The board
of supervisors and the retirement board shall
have the power to perform all acts necessary to
carry out the terms and purposes of such agree-
ments.

Subject to the provisions of Section 8.500, the
board of supervisors is further empowered to
enact ordinances necessary to extend reciprocal
rights to members who transfer between retire-
ment plans established by this Charter provided
that service under any plan for miscellaneous
members shall be used for qualification purposes
only and not to calculate benefits under any
retirement plan for members of the police or fire
departments. With the exception of those mem-
bers who transferred pursuant to Charter Sec-
tions 8.559-14 and 8.585-14, no ordinance en-
acted under this section shall extend reciprocal
rights to any member who transferred from
Cheirter section 8.559 or 8.585 to Charter section

A8.500-1

San Francisco - Charter

380

8.509, 8.584, 8.586 or 8.588, before April 1, 1993.
No ordinance enacted under this section shall
extend reciprocal rights to any person who ter-
minated his or her membership in the retire-
ment system or retired before April 1, 1993.
Subject to the above, reciprocal benefits under
this paragraph shall be consistent with interpre-
tations that have been made relative to the
reciprocal benefit provisions of the Public Em-
ployees' Retirement System and 1937 County
Employees' Retirement Act which this para-
graph is intended to implement. The reciprocal
benefits under this section will be limited by
Section 415 of the Internal Revenue Code of
1986, as amended from time to time, and no
reciprocal benefits will be effective if they have
an adverse impact on the tax qualified status of
the retirement system under Section 401 of the
Internal Revenue Code of 1986, as amended
from time to time. (Amended November 1999;
November 2002)

A8.500-2 DOMESTIC PARTNER
QUALIFIED SURVIVOR BENEFITS

With respect to the retirement system, do-
mestic partnerships shall be treated exactly the
same as marriages, domestic partners shall be
treated exactly the same as spouses, termination
of a domestic partnership shall be treated ex-
actly the same as a dissolution of marriage and
qualified surviving domestic partners shall be
treated exactly the same as qualified surviving
spouses, respectively.

(a) As used in the retirement plans estab-
lished by this Charter, the phrase "surviving
wife" shall also mean and include a "surviving
spouse." As used in these sections, the phrases
"surviving wife" and "surviving spouse" shall
also mean and include a surviving domestic
partner, provided that:

(1) there is no surviving spouse, and

(2) the member has designated his or her
domestic partner as beneficiary with the retire-
ment system, and

(3) the domestic partnership is established
or recognized according to those provisions of
Chapter 62 of the San Francisco Administrative

Code, as amended from time to time. Domestic
partners who have formed their domestic part-
nership only by notarization of a declaration of
Domestic Partnership as provided in Chapter 62
of the San Francisco Administrative Code shall
not be recognized or treated as a domestic part-
nership for purposes under the retirement sys-
tem unless and until the domestic partnership is
registered or certified. A certificate of such do-
mestic partnership, civil union, or similar legal
relationship issued by another jurisdiction in a
form that is equivalent to the records that the
retirement system relies upon to verify mar-
riages shall constitute sufficient proof of such
legal relationship.

(b) Beginning March 5, 2002, the require-
ment of filing a Certificate of Domestic Partner-
ship with the Retirement System shall not apply
to members who were retired on or before No-
vember 8, 1995 and who had filed a signed
Declaration of Domestic Partnership with the
County Clerk at least one full year prior to the
effective date of his or her retirement; and pro-
vided further that, as to any such member who
was retired on or before November 8, 1995, no
adjustment to a retirement allowance and no
payments to a qualified surviving domestic part-
ner shall begin before the effective date of this
amendment or before the first day of the month
in which an application is made to the Retire-
ment System, which ever occurs later.

(c) A monthly allowance equal to what would
other-wise be payable to a surviving spouse shall
be paid to the said surviving domestic partner,
until he or she dies, marries or establishes a new
domestic partnership. Establishment of a domes-
tic partnership by a surviving spouse shall be
treated exactly the same as a remarriage for
retirement purposes.

(d) Notwithstanding subsection (c), no addi-
tional continuation allowance shall be paid after
March 2, 2004 to a surviving domestic partner
who is receiving a continuation allowance as the
surviving spouse of another member on or before
March 2, 2004.

(e) No continuation allowance shall be pay-
able under the provisions of this section ap-
proved by the electorate on March 2, 2004 to the

381

Appendix A: Employment Provisions

A8.503

survivor of any member or retired member who
died on or before March 1, 2004. Any retirement
allowance payable to a person who becomes a
qualified surviving domestic partner pursuant to
the provisions of this section approved by the
electorate on March 2, 2004, shall not begin
before April 15, 2004.

(f) The domestic partner benefits under this
section will be limited by Section 415 of the
Internal Revenue Code of 1986, as amended
from time to time. No domestic partner benefits
will be effective if they have an adverse impact
on the tax qualified status of the retirement
system under Section 401 of the Internal Rev-
enue Code of 1986, as amended from time to
time. (Amended March 2002; November 2002;
March 2004)

A8.502 RETIREMENT OF ELECTIVE
OFFICERS

Elective officers, including members of the
Board of Supervisors in office on and after July 1,
2000, but excepting members of all other boards
and commissions and any elective officers who
are members of the Public Employees' Retire-
ment System, shall be members of the San
Francisco City and County Employees' Retire-
ment System under the miscellaneous plan in
effect on the date such officer assumes office.
Time during which said members have rendered
service as elective officers shall be included un-
der Subsection (g) of Section A8.509, Section
A8.584-7 or the miscellaneous plan in effect on
the date such officer assumes office, in addition
to other time now so included. Contributions
required to provide benefits based on service
rendered as an elective officer prior to the effec-
tive date of membership in the retirement sys-
tem, shall be paid to the retirement system in a
manner consistent with contributions required
of miscellaneous members for temporary service
as provided in this charter and the administra-
tive code. (Amended March 2000)

A8.503 RETIREMENT— COURT
EMPLOYEES AND ATTACHES

Employees and attaches of the superior or
municipal court, including persons performing

duties performed under the titles of commission-
ers, phonographic reporters who are paid com-
pensation on a monthly or per diem basis by the
City and County, secretaries, stenographers, in-
vestigators, messengers and other employees of
the superior and municipal courts, in and for the
City and County of San Francisco, shall be
members of the San Francisco City and County
Employees' Retirement System under Section
8.509, and shall be subject to all of the conditions
applying to other members under that section,
except as herein otherwise provided.

Service rendered to the said superior or mu-
nicipal court in and for the City and County,
other than as a phonographic reporter, by per-
sons prior to becoming members under this sec-
tion on February 1, 1953, shall be credited under
the retirement system to such persons, provided
that it would have qualified for credit when
rendered, if said persons had been subject then,
as they will be under this section, to the provi-
sions of Section 8.509 of this charter and of the
ordinances and provisions of the Municipal Code
of the City and County of San Francisco relating
to retirement of members under said section.

Service rendered to said superior court on
and after September 15, 1945, or to said munici-
pal court on and after September 1, 1947, by
phonographic reporters prior to becoming mem-
bers under this section on February 1, 1953,
shall be credited under this retirement system to
such persons.

Said service, rendered prior to becoming a
member under this section on February 1, 1953,
shall only be credited to each of such persons if
he elect, by written notice, on a form provided by
retirement system, filed in the office of the
retirement board of said system prior to July 1,
1953, to receive credit for all or any part of said
service, and to pay into the retirement fund, at
times and in the manner hereinafter provided,
the following amounts:

(a) an amount equal to the normal contri-
butions he would have contributed, had he been
a member of the retirement system under Sec-
tion 8.509, during the time for which he has

A8.503

San Francisco - Charter

382

elected to receive credit for service, on the basis
of compensation paid to him by the City and
County on account of said service, and

(b) an amornit equal to the interest which
would have been credited to his account on
account of such contributions from the date upon
which they would have been made, to the date of
payment of such contributions to the retirement
system. However, a member shall not receive
credit for any portion of such service rendered
prior to April 1, 1922, unless he has elected to
receive credit for, and has paid into the retire-
ment fund such amount with respect to, all of
said service rendered after March 31, 1922. Such
amounts shall be paid into the retirement fund
by lump sum pa5nnent, or payroll deductions or
other installments, over a period not exceeding
36 months from July 1, 1953, provided that any
balance remaining unpaid at his retirement shall
become due and payable forthwith. Benefits, not
provided by such amounts, granted to said per-
sons on account of said service rendered prior to
February 1, 1953, shall be provided by contribu-
tions of the City and County. Such service shall
include time during which such person was ab-
sent from a status included in the paragraph
above by reason of service in the armed forces of
the United States in any war in which the
United States has engaged.

Notwithstanding the foregoing provisions, any
such employee or attache not already a member
of the system and who is such an employee or
attache on February 1, 1953, shall not become a
member of the retirement system, unless he
elect prior to July 1, 1953, on a form provided by
the retirement system, to be a member of said
system, and if he does not so elect, he shall not be
a member of the retirement system, and shall
not be prevented from continuing in such em-
plojnnent by reason of such provision.

A8.504 RETIREMENT— PARKING
AUTHORITY EMPLOYEES

Officers and employees of the Parking Au-
thority of the City and County shall become
members of the San Francisco City and County
Employees' Retirement System under Section
8.509 on February 1, 1963, and thereupon shall

be subject to all conditions appljdng to other
members under that section inclusive of the
provisions of Section 8.514 of the charter, except
as herein otherwise provided; provided, however,
that members of such authority are excluded
from the San Francisco City and County Employ-
ees' Retirement System.

Service rendered to the said Parking Author-
ity by persons prior to becoming members under
this section on February 1, 1963, shall be cred-
ited under the Retirement System to such per-
sons, subject to the terms and conditions pro-
vided herein. Said service shall only be credited
to each of such persons if he elect, by written
notice, on a form provided by the retirement
system and filed in the office of the retirement
board of said system prior to July 1, 1963, to
receive credit for said service, and to pay into the
retirement fund, at times and in the manner
fixed by the Retirement Board, the following
amounts:

(a) an amount equal to the normal contri-
butions he would have contributed, had he been
a member of the retirement system under Sec-
tion 8.509, during the period in which said ser-
vice was rendered, on the basis of compensation
paid to him by the City and County on account of
said service and

(b) an amount equal to the interest which
would have been credited to his account on
account of such contributions from the date upon
which they would have been made, to the date of
payment of such contributions to the retirement
system; provided that any balance remaining
unpaid at his retirement shall become due and
payable forthwith. If any such person shall not
so elect to receive credit for said service and to
pay such amounts of contributions and interest,
or having so elected, subsequently does not pay
into the retirement fund such amounts at times
and in the manner herein provided, and prior to
February 1, 1963, he shall enter as a new mem-
ber without credit for any of said service, any
monies theretofore received from him as pay-
ment on such amounts together with accumu-
lated interest thereon shall be refunded to him,
and the rate of his contribution shall be the

383

Appendix A: Employment Provisions

A8.506-1

normal rate provided in Subsection (h) of Section
8.509 at his age on February 1, 1963, otherwise
his rate of contributions shall be the rate pro-
vided in said Subsection (h) of Section 8.509
based on his age at the earliest date in the period
for which said service is credited. Benefits, not
provided by such amounts, granted to said per-
sons on account of said service rendered prior to
the effective date of membership under this
section, shall be provided by contributions of the
City and County.

Notwithstanding the foregoing provisions, any
such officer or employee not already a member of
the system and who is such an officer or em-
ployee on February 1, 1963, shall not become a
member of the retirement system, unless he
elects to be a member of said system, in writing,
on a form provided by the retirement system and
filed in the office of the retirement system prior
to July 1, 1963; if he does not so elect he shall not
be a member of the retirement system, and shall
not be prevented from continuing in such em-
ployment by reason of the provisions of this
section.

A8.505 RETIREMENT— PORT
AUTHORITY EMPLOYEES

All employees of the Port Authority who, on
February 7, 1969, are members of the Public
Employees' Retirement System of the State of
California shall continue to be members of said
Public Employees' Retirement System, with all
the rights, privileges and benefits of said system
and they shall not be members of the San Fran-
cisco City and County Employees' Retirement
System; and, notwithstanding any other provi-
sions of this charter, the City and County shall
perform all acts necessary to continue the mem-
bership of such employees in said Public Employ-
ees' Retirement System.

All employees of the Port Authority who, at
the time the transfer provided for herein shall go
into effect, are covered under the provisions of a
retirement program other than the Public Em-
ployees' Retirement System of the State of Cali-
fornia shall thereafter continue to be covered
under such retirement program and they shall
not be members of the San Francisco City and

County Employees' Retirement System; and, not-
withstanding any other provisions of this char-
ter, the City and County shall perform all acts
necessary to continue the coverage of such em-
ployees under such retirement program.

Persons who, after February 7, 1969, become
employees of the City and County in positions
related to the operation of the State Belt Rail-
road and who become covered under the provi-
sions of the Railroad Retirement Act by virtue of
their employment in such positions shall not be
members of the San Francisco City and County
Employees' Retirement System.

A8.506 SHERIFF'S DEPARTMENT

Notwithstanding any other provisions of this
charter, the board of supervisors shall have the
power to contract with the Board of Administra-
tion of the Public Eniployees' Retirement System
of the State of California to provide that the
sheriff, undersheriff and all deputized personnel
of the sheriffs department shall be members of
the Public Employees' Retirement System, and
the board of supervisors and the retirement
board shall have the power to perform all acts
necessary to carry out the terms and purposes of
such contract. The maximum employee contribu-
tion for sheriff, undersheriff and deputized per-
sonnel of the sheriffs department shall be seven
and one-half percent (7y2%). Required contribu-
tions exceeding seven and one-half percent (772%)
shall be made by the City and County.

Any person who shall become a member of
the Public Employees' Retirement System pur-
suant to such contract shall have the right to be
a member of the health service system and the
health service board shall make provisions for
participation in the benefits of the health service
system by such persons.

A8.506-1 TEACHERS IN THE SAN
FRANCISCO UNIFIED SCHOOL
DISTRICT AND SAN FRANCISCO
COMMUNITY COLLEGE DISTRICT

Notwithstanding any other provisions of this
charter, the board of supervisors shall have the
power to perform any and all acts necessary or
appropriate to implement any provisions of the

Supp. No. 13, January 2008

A8.506-1

San Francisco - Charter

384

Education Code of the State of California which
contemplate that teachers in the San Francisco
Unified School District and the San Francisco
Community College District shall not be mem-
bers of the San Francisco City and County Em-
ployees' Retirement System but shall be mem-
bers only of the State Teachers' Retirement System
or which contemplate that such teachers may
elect to be members of the State Teachers' Re-
tirement System and not to be members of the
San Francisco City and County Employees' Re-
tirement System.

A8.506-2 MISCELLANEOUS SAFETY
EMPLOYEES

Notwithstanding any other provisions of this
charter, the Board of Supervisors or the Commu-
nity College Board shall have the power to con-
tract with the Board of Administration of the
Public Employees' Retirement System of the
State of California to provide that the probation
officers, airport police officers, district attorney
and public defender investigators, medical exam-
iner investigators, juvenile court counselors, in-
stitutional police, fire safety inspectors and fire
protection engineers who are not members of the
Section 8.588 plans, shall be members of the
Public Employees' Retirement System, and the
Board of Supervisors, the Community College
Board and the Retirement Board shall have the
power to perform all acts necessary to carry out
the terms and purposes of such contract.

The Board of Supervisors shall have the
power to amend such a contract to terminate the
participation of certain airport police officers in
the Public Employees' Retirement System and to
transfer to the San Francisco Employees' Retire-
ment System the accumulated assets and liabili-
ties relating to the airport police officers that
make such an election, and to exempt such a
contract amendment from the cost-neutrality
requirements of this Section 8.506-2, provided
that the present value of any additional costs
associated with said transfer and the related
benefits under the San Francisco Employees'
Retirement System does not exceed $670,000 in
the aggregate. All additional costs in the form of
actuarial liability associated with said transfer

and said benefits that exceed $670,000 in the
aggregate shall be paid by the airport police
officers that elect to terminate their participa-
tion in the Public Employees' Retirement System
and transfer the accumulated assets and liabili-
ties relating to their service to the San Francisco
Employees' Retirement System. The Board of
Supervisors and the Retirement Board shall have
the power to perform all acts necessary to carry
out the amendment of such contract.

Except as provided in this Section 8.506-2,
contracts and contract amendments shall be
cost-neutral and employee bargaining units shall
be permitted to trade salary or other employee
paid benefits to achieve cost-neutrality. The Board
of Supervisors or the Community College Board
is empowered to determine compliance under
this Section. As provided in Section A8.409-5 of
the City Charter, disputes under this paragraph
shall not be subject to the dispute resolution
procedures contained in Charter Section A8.409-4.

Any person who shall become a member of
the Public Employees' Retirement System pur-
suant to such contract shall have the right to be
a member of the health service system and the
Health Service Board shall make provision for
the participation in the benefits of the health
service system by such persons. (Amended No-
vember 2003; Amended by Proposition F, Ap-
proved 11/6/2007)

A8.506-3 HOUSING AUTHORITY POLICE

All Housing Police Officers of the Housing
Authority who, on July 1, 1984, are members of
the Public Employees' Retirement System of the
State of California shall continue to be members
of said Public Employees' Retirement System,
and they shall not be members of the San Fran-
cisco City and County Employees' Retirement
System. Notwithstanding any other provisions of
this charter, the City and County shall perform
all acts necessary to continue the membership of
such employees in said Public Elmployees' Retire-
ment System.

Notwithstanding any other provisions of this
charter, the board of supervisors shall have the
power to contract with the Board of Administra-

Supp. No. 13, January 2008

384.1

Appendix A: Employment Provisions

A8.506-4

tion of the Public Employees' Retirement System
of the State of California to provide that Housing
Authority Police hired after July 1, 1984, shall be
members of the Public Employees' Retirement
System, and the board of supervisors and the
retirement board shall have the power to per-
form all acts necessary to carry out the terms
and purposes of such contract.

Any person who shall become a member of
the Public Employees' Retirement System pur-
suant to such contract shall have the right to be
a member of the health service system and the
health service board shall make provision for
participation in the benefits of the health service
system by such persons.

A8.506-4 PER DIEM NURSES ON
JANUARY 1, 1988.

Registered nurses, hired and compensated by
the department of health on a per diem basis,
shall not be members of the retirement system or
subject to the provisions of the retirement sys-
tem by reason of such employment.

Members of the retirement system on the
effective date of this section shall have the option
to be exercised in writing on a form to be fur-
nished by the retirement board and to be filed at

Supp. No. 13, January 2008

[INTENTIONALLY LEFT BLANK]

Supp. No. 13, January 2008

385

Appendix A: Employment Provisions

A8.506-5

the office of the retirement system not later than
March 31, 1988, to exclude compensation for per
diem nursing as compensation for all retirement
system purposes.

The provisions of this section shall be pro-
spective only, shall be effective January 1, 1988
and shall not give any person a claim for refund
of pension contributions prior to January 1,
1988.

A8.506-5 DISTRICT ATTORNEYS,
PUBLIC DEFENDERS AND PUBLIC
DEFENDER INVESTIGATORS

(a) Notwithstanding any other provisions of
this charter, the board of supervisors shall have
the power to contract with the Board of Admin-
istration of the Public Employees' Retirement
System of the State of California to provide that
local prosecutors, public defenders and public
defender investigators, on or after January 1,
2002, shall be members of the Public Employees'
Retirement System pursuant to Government Code
§ 20423.6 and the board of supervisors and the
retirement board shall have the power to per-
form all acts necessary to carry out the terms
and purposes of such contract. Any person who
shall become a member of the Public Employees'
Retirement System pursuant to such contract
shall have the right to be a member of the health
service system and the health service board shall
make provision for the participation in the ben-
efits of the health service system by such per-
sons.

(b) For the purposes of the retirement sys-
tem and of this section, the terms "local prosecu-
tor, public defender and public defender investi-
gator" or "member," shall mean:

(1) "Local prosecutor" means any one of the
following:

(A) An officer or employee of the City and
County of San Francisco who meets all of the
following criteria:

(i) He or she is employed in the Office of the
District Attorney and

(ii) His or her job classification is district
attorney, deputy district attorney, chief deputy
district attorney, senior deputy district attorney.

assistant district attorney, chief assistant dis-
trict attorney, senior assistant district attorney,
or any other similar classification or title.

(B) An officer or employee of the City and
County of San Francisco who meets all of the
following criteria:

(i) He or she was employed in the Office of
the District Attorney prior to the date the local
child support agency transitioned from the Dis-
trict Attorney to the San Francisco Office of
Child Support Services;

(ii) His or her job classification was district
attorney, deputy district attorney, chief deputy
district attorney, senior deputy district attorney,
assistant district attorney, chief assistant dis-
trict attorney, senior assistant district attorney,
or any other similar classification or title; and

(iii) He or she is an attorney in the San
Francisco Office of Child Support Services, with
no break in service between employment by the
Office of the District Attorney and the San Fran-
cisco Office of Child Support Services.

(2) "Local public defender" means an officer
or employee of the City and County of San
Francisco who meets all of the following criteria:

(A) He or she is employed in the Office of
the Public Defender and

(B) His or her job classification is public
defender, deputy public defender, chief deputy
public defender, senior deputy public defender,
assistant public defender, chief assistant public
defender, senior assistant public defender, or any
other similar classification or title.

(3) "Local public defender investigator"
means an officer or employee of the City and
County of San Francisco who meets all of the
following criteria:

(A) He or she is employed in the Office of
the Public Defender;

(B) His or her job classification is inspector,
investigator, detective, or any other similar clas-
sification or title; and

A8.506-5

San Francisco - Charter

386

(c) The power to enter into a contract under
subsection (a), above, shall be limited to a con-
tract that is cost-neutral to the City. Employee
bargaining units shall be permitted to trade
salary or other employer-paid benefits, including
but not limited to social security benefits, to
achieve cost-neutrality. As provided in Section
A8.409-5 of the City Charter, disputes under this
paragraph shall not be subject to the dispute
resolution procedures contained in Charter Sec-
tion A8.409-4. (Added March 2004)

A8.507 MISCELLANEOUS OFFICERS
AND EMPLOYEES ON JANUARY 8, 1932

Persons who are officers and employees of
this City and County on January 8, 1932, shall
become members of the retirement system sub-
ject only to the following provisions, in addition
to the provisions contained in Sections 3.670,
3.672, 8.500, 8.510, 8.511, 8.520, 8.525 and 8.560,
of this charter.

(a) The system shall be applied to such
offices, departments, bureaus, or classes of offi-
cers or employees of the City and County, includ-
ing teachers in the San Francisco school depart-
ment, as the supervisors shall determine; provided,
however, that the contributions to be made by
said teachers and the benefits to be received by
said teachers under said retirement system shall
be based upon the proportion of salaries of said
teachers which have been and shall be paid out
of funds contributed by the City and County,
excluding therefrom the portion of such salaries
which have been or shall be paid out of funds
contributed by the State of California; and in
determining such proportion it shall be taken to
be the same proportion which the whole amount
of money contributed by the City and County to
the common school fund in any fiscal year bears
to the whole amount of money contributed to
such fund in such year by the state and by the
City and County; and provided, further, that
nothing herein contained shall be construed to
deprive any teacher of the right to receive ben-
efits under any pension or retirement system
now or hereafter established by the State of
California.

(b) No member of the retirement system
shall be retired, except in case of disability
incapacitating him for the performance of his
duties, unless he shall have attained the age of
62 years and completed 10 years of continuous
service, but retirement shall be compulsory at
the age of 70 years. It may be provided, however,
under such retirement system, that members
may retire after 30 years of continuous service;
the benefits at retirement in such cases to be
determined, because of retirement at an age
below 62, in accordance with the tables recom-
mended by the actuary and approved by said
retirement board.

(c) All persons who were retired prior to
October 1, 1925, from service as teachers in the
public schools of San Francisco, under the provi-
sions of the law of 1913, establishing the Califor-
nia Public School Teachers' Retirement Salary
Fund, shall be entitled to and shall receive
retirement allowances, to be calculated on the
same basis as that established for determining
the retirement allowances provided for members
of the said retirement system.

A8.508 PACIFIC GAS & ELECTRIC
COMPANY EMPLOYEES

The board of supervisors shall have the power
to provide by ordinance retirement benefits for
persons who become employees of the City and
County of San Francisco under any lease, or
other temporary arrangement, entered into be-
tween said City and County and the Pacific Gas
& Electric Company, and because of their em-
ployment by said company at the effective date of
said lease, or other temporary arrangement. The
effect of said ordinance shall be to provide essen-
tially the same retirement benefits for said em-
ployees on account of service rendered under
said lease, or other temporary arrangement, as if
said persons had been employees of said com-
pany throughout the term of said lease.

The further effect of said ordinance shall be
to provide for permanent retirement rights for
said persons, in the event they become employ-
ees of said City and County upon purchase or
other permanent acquisition of the properties of
said company, essentially the same benefits on

387

Appendix A: Employment Provisions

A8.509

account of service rendered as employees of said
City and County, as they would have received if
they had been members throughout said service
of the San Francisco City and County Employees
Retirement System on the same basis as other
employees of said City and County, except mem-
bers of fire or police departments.

A8.509 RETIREMENT-
MISCELLANEOUS OFFICERS AND
EMPLOYEES ON AND AFTER JULY 1,
1947

Miscellaneous officers and employees, as de-
fined in this section, who are members of the
retirement system under this section of the char-
ter on February 1, 1969, and persons who be-
come miscellaneous officers and employees after
February 1, 1969, shall be members of the retire-
ment system, subject to the following provisions
of this section, in addition to the provisions
contained in Sections 3.670, 3.672, 8.500, 8.510
and 8.520 of this charter notwithstanding the
provisions of any other section of the charter,
provided that the retirement system shall be
applied to persons employed on a part-time,
temporary or substitute basis only as the board
of supervisors shall determine by ordinance en-
acted by three-fourths vote of all members of the
board. Miscellaneous officers and employees of
the said departments who are members of the
retirement system under Section 8.507 of the
charter on February 1, 1969 shall continue to be
members of the system under Section 8.507 and
shall not be subject to any of the provisions of
this section, except as specifically provided in
this section.

(a) The following words and phrases as used
in this section, unless a different meaning is
plainly required by the context, shall have the
following meaning:

"Retirement allowance," or "allowance," shall
mean equal monthly payments, beginning to
accrue upon the date of retirement, and continu-
ing for life unless a different term of pajrments is
definitely provided by the context.

"Compensation," as distinguished fi'om ben-
efits under the workers' compensation laws of

the State of California, shall mean all remunera-
tion whether in cash or by other allowances
made by the City and County, for service quali-
fying for credit under this section.

"Compensation eamable" shall mean the com-
pensation as determined by the retirement board,
which would have been earned by the member
had he worked, throughout the period under
consideration, the average number of days ordi-
narily worked by persons in the same grade or
class of positions as the positions held by him
during such period and at the rate of pay at-
tached to such positions, it being assumed that
during any absence, he was in the position held
by him at the beginning of the absence, and that
prior to entering City-service he was in the
position first held by him in City-service.

"Benefit" shall include "allowance," "retire-
ment allowance," and "death benefit."

"Average final compensation" shall mean the
average monthly compensation earned by a mem-
ber during any five consecutive years of credited
service in the retirement system in which his
average final compensation is the highest, un-
less the board of supervisors shall otherwise
provide by ordinance enacted by three-fourths
vote of all members of the board.

For the purposes of the retirement system
and of this section, the terms "miscellaneous
officer or employee," or "member," as used in this
section shall mean any officer or employee who is
not a member of the fire or police department as
defined in the charter for the purpose of the
retirement system, under Section 8.507 of the
charter.

"Retirement system" or "system" shall mean
San Francisco City and County Employees' Re-
tirement System as created in Section 8.500 of
the charter.

"Retirement board" shall mean "retirement
board" as created in Section 3.670 of the charter.

"Charter" shall mean the charter of the City
and County of San Francisco.

Words used in the masculine gender shall
include the feminine and neuter genders, and
singular numbers shall include the plural; and
the plural the singular.

A8.509

San Francisco - Charter

388

"Interest" shall mean interest at the rate
adopted by the retirement board.

(b) Any member who completes at least 20
years of service in the aggregate credited in the
retirement system, and attains the age of 50
years, or at least 10 years of service in the
aggregate credited in the retirement system, and
attains the age of 60 years, said service to be
computed under Subsection (g) hereof, may re-
tire from service at his option. Members shall be
retired on the first day of the month next follow-
ing the attainment by them of the age of 65
years. A member retired after reaching the age of
60 years shall receive a service retirement allow-
ance at the rate of two percent of said average
final compensation for each year of service; pro-
vided, however, that upon the compulsory retire-
ment of a member upon his attainment of the age
of 65 years, if the allowance available to such
member, pursuant to the provisions of Subsec-
tion (f) of this section, shall be greater in amount
than the service retirement allowance otherwise
payable to such member under this Subsection
(b), then such member shall receive as his ser-
vice retirement allowance, in lieu of the allow-
ance otherwise payable under this Subsection
(b), an allowance computed in accordance with
the formula provided in said Subsection (f). The
service retirement allowance of any member
retiring prior to attaining the age of 60 years,
after rendering 20 years or more of such service
and having attained the age of 50 years, com-
puted under Subsection (g), shall be an allow-
ance equal to the percentage of said average final
compensation set forth opposite his age at retire-
ment, taken to the preceding completed quarter
year, for each year of service, computed under
Subsection (g):

Age at Percent for Each Year

Retirement of Credited Service

1.0000

50V4

1.0250

5OV2

1.0500

503/4

1.0750

1.1000

Age at

Percent for Each Year

Retirement

of Credited Service

5iy4

1.1250

51V2

1.1500

513/4

1.1750

1.2000

52V4

1.2250

52V2

1.2500

523/4

1.2750

1.3000

53V4

1.3250

53V2

1.3500

533/4

1.3750

1.4000

54V4

1.4250

54V2

1.4500

543/4

1.4750

1.5000

55V4

1.5250

55V2

1.5500

553/4

1.5750

1.6000

56V4

1.6250

56V2

1.6500

563/4

1.6750

1.7000

57V4

1.7250

57V2

1.7500

573/4

1.7750

1.8000

58V4

1.8250

58V2

1.8500

583/4

1.8750

1.9000

389

Age at
Retirement

59V4

59V2

593/4

Appendix A: Employment Provisions

A8.509

Percent for Each Year
of Credited Service

1.9250

1.9500

1.9750

2.000

In no event shall a member's retirement
allowance exceed 75 percent of his average final
compensation.

Before the first pajnnent of a retirement
allowance is made, a member retired under this
subsection or Subsection (c) of this section, may
elect to receive the actuarial equivalent of his
allowance, partly in an allowance to be received
by him throughout his life, and partly in other
benefits payable after his death to another per-
son or persons, provided that such election shall
be subject to all the conditions prescribed by the
board of supervisors to govern similar elections
by other members of the retirement system,
including the character and amount, of such
other benefits; provided, however, that at any
time within 30 days after the date on which his
compulsory retirement would otherwise have
become effective, a member who has attained the
age of 65 years may elect, without right of
revocation, to withdraw his accumulated contri-
butions, said election to be exercised in writing
on a form furnished by the retirement system
and filed at the office of said system, and a
member so electing shall be considered as having
terminated his membership in said system on
the date immediately preceding the date on
which his compulsory retirement would other-
wise have become effective, and he shall be paid
forthwith his accumulated contributions, with
interest credited thereon. Notwithstanding the
provisions of Section 8.514 of this charter, the
portion of service retirement allowance provided
by the City and County's contributions shall be
not less than $100 per month upon retirement
after 30 years of service and after attaining the
age of 60 years, and provided further that as to
any member with 15 years or more of service at
the compulsory retirement age of 65, the portion
of the service retirement allowance provided by

the City and County's contribution shall be such
that the total retirement allowance shall not be
less than $100 per month. In the calculations
under this subsectidn of the retirement allow-
ance of a member having credit for service in a
position in the evening schools and service in any
other position, separate retirement allowances
shall be calculated in the manner prescribed for
each class of service, the average final compen-
sation in each case being that for the respective
class of service; prpvided that the aggregate
retirement allowance shall be taken into account
in appljdng the provisions of this subsection
providing for a minimum retirement allowance.
Part-time service and compensation shall be
reduced to full-time service and compensation in
the manner prescribed by the board of supervi-
sors, and when so reduced, shall be applied on
full time service and compensation in the calcu-
lations of retirement allowances.

(c) Any member who becomes incapacitated
for performance of duty because of disability
determined by the retirement board to be of
extended and uncertain duration, and who shall
have completed at least 10 years of service cred-
ited in the retirement system in the aggregate,
computed as provided in Subsection (g) hereof,
shall be retired upon an allowance of one and
eight-tenths percent of the average final compen-
sation of said membier, as defined in Subsection
(a) hereof for each year of credited service, if such
retirement allowance exceeds 40 percent of his
average final compensation; otherwise one and
eight-tenths percent of his average final compen-
sation multiplied by the number of years of
City-service which would be credited to him were
such City-service to Continue until attainment by
him of age 60, but : such retirement allowance
shall not exceed 40 percent of such average final
compensation. In the calculation under this sub-
section of the retirement allowance of a member
having credit for service in a position in the
evening schools and service in any other posi-
tion, separate retirement allowances shall be
calculated, in the manner prescribed, for each
class of service, the average final compensation
in each case being that for the respective class of
service; provided that the average final compen-

A8.509

San Francisco - Charter

390

sation upon which the minimum total retirement
allowance is calculated in such case shall be
based on the compensation earnable by the mem-
ber in the classes of service rendered by him
during the one year immediately preceding his
retirement. Part- time service and compensation
shall be reduced to full-time service and compen-
sation in the manner prescribed by the board of
supervisors, and when so reduced, shall be ap-
plied as full-time service and compensation in
the calculation of retirement allowances. The
question of retiring a member under this subsec-
tion may be brought before the retirement board
on said board's own motion, by recommendation
of any commission or board, or by said member
or his guardian. If his disability shall cease, his
retirement allowance shall cease, and he shall be
restored to service in the position or classifica-
tion he occupied at the time of his retirement.

(d) No modification of benefits provided in
this section shall be made because of any amounts
payable to or on account of any member under
workers' compensation laws of the State of Cali-
fornia.

(e) If a member shall die, before retirement,
(1) If no benefit is payable under subdivision (2)
of this subsection (e):

(A) Regardless of cause, a death benefit
shall be paid to the member's estate or desig-
nated beneficiary consisting of the compensation
earnable by the member during the six months
immediately preceding death, plus the member's
contributions and interest credited thereon.

(B) If a member sustains a traumatic bodily
injury through external and violent means in the
course and scope of employment and death re-
sults within 180 days of such injury, an addi-
tional insurance benefit of 12 months of compen-
sation earnable shall be paid to the member's
estate or designated beneficiary.

(2) If, at the date of his death, he was
qualified for service retirement by reason of
service and age under the provisions of Subsec-
tion (b) of this section, and he has designated as
beneficiary his surviving spouse, who was mar-
ried to him for at least one full year immediately
prior to the date of his death, one-half of the

retirement allowance to which the member would
have been entitled if he had retired fi'om service
on the date of his death, shall be paid to such
surviving spouse who was his designated-benefi-
ciary at the date of his death, until such spouse's
death or remarriage, or if there be no surviving
spouse, to the unmarried child or children of
such member under the age of 18 years, collec-
tively, until every such child dies, marries or
attains the age of 18 years, provided that no
child shall receive any allowance after manying
or attaining the age of 18 years. If, at the death
of such surviving spouse, who was receiving an
allowance under this Subdivision (2), there be
one or more unmarried children of such member
under the age of 18 years, such allowance shall
continue to such child or children, collectively,
until every such child dies, marries or attains the
age of 18 years, provided that no child shall
receive any allowance after marrying or attain-
ing the age of 18 years. If the total of the
payments of allowance made pm-suant to this
Subdivision (2) is less than the benefit which was
otherwise payable under Subdivision (1) of this
subsection, the amount of said benefit payable
under Subdivision (1) less an amount equal to
the total of the payments of allowance made
pursuant to this Subdivision (2) shall be paid in
lump sum as follows:

(A) If the person last entitled to said allow-
ance is the remarried surviving spouse of such
member, to such spouse.

(B) Otherwise, to the surviving children of
the member, share and share alike, or if there
are no such children, to the estate of the person
last entitled to said allowance.

391

Appendix A: Employment Provisions

A8.509

suant to such election, then the legally appointed
guardian of the unmarried children of the mem-
ber under the age of 18 years, may make the
election herein provided before benefit has been
paid under this Subsection (e), for and on behalf
of such children if, in his judgment it appears to
be in their interest and advantage, and the
election so made shall be binding and conclusive
upon all parties in interest.

If any person other than such surviving spouse
shall have and be paid a community property
interest in any portion of any benefit provided
under this Subsection (e), any allowance payable
under this Subdivision (2) shall be reduced by
the actuarial equivalent, at the date of the
member's death, of the amount of benefits paid
to such other person.

Upon the death of a member after retirement
and regardless of the cause of death, a death
benefit shall be paid to his estate or designated
beneficiary in the manner and subject to the
conditions prescribed by the board of supervisors
for the pajnnent of a similar death benefit upon
the death of other retired members.

(f) Should any miscellaneous member cease
to be employed as such a member, through any
cause other than death or retirement, all of his
contributions, with interest credited thereon, shall
be refunded to him subject to the conditions
prescribed by the board of supervisors to cover
similar terminations of emplojnnent and reem-
plojnnent with and without redeposit of with-
drawn accumulated contributions of other mem-
bers of the retirement system, provided that if
such member is entitled to be credited with at
least 10 years of service or if his accumulated
contributions exceed $1,000, he shall have the
right to elect, without right of revocation and
within 90 days after said termination of service,
or if the termination was by lay-off, 90 days after
the retirement board determines the termina-
tion to be permanent, whether to allow his accu-
mulated contributions to remain in the retire-
ment fund and to receive benefits only as provided
in this paragraph. Failure to make such election
shall be deemed an irrevocable election to with-
draw his accumulated contributions. A person

who elects to allow his accumulated contribu-
tions to remain in the retirement fund shall be
subject to the same age requirements as apply to
other members under this section for service
retirement, but he shall not be subject to a
minimum service requirement. Upon the quali-
fication of such member for retirement by reason
of age, he shall be entitled to receive a retirement
allowance which shall be the actuarial equiva-
lent of his accumulated contributions and an
equal amount of the contributions of the City
and County, plus 1^3 percent of his average final
compensation for each year of service credited to
him as rendered prior to his first membership in
the retirement system. Upon the death of such
member prior to retirement, his contributions
with interest credited thereon shall be paid to his
estate or designated beneficiary.

(g) The following time and service shall be
included in the computation of the service to be
credited to a member for the purpose of deter-
mining whether such member qualifies for retire-
ment and calculating benefits:

(1) Time during which said member is a
member of the retirement system and during
and for which said member is entitled to receive
compensation because of services as a miscella-
neous officer or employee.

(2) Service in the fire and police depart-
ments which is not credited as service of a
member under this section shall count under
this section upon transfer of a member of either
of such departments to employment entitling
him to membership in the retirement system
under this section, provided that the accumu-
lated contribution standing to the credit of such
member shall be adjusted by refund to the mem-
ber or by payment of the member, to bring the
account at the time of such transfer to the
amount which would have been credited to it had
the member been a miscellaneous employee
throughout the period of his service in either
such departments at the compensation he re-
ceived in such departments.

(3) Time during which said member is ab-
sent from a status included in paragraphs (1) or
(2) next preceding which is not deemied absence

A8.509

San Francisco - Charter

392

from service under the provisions of Section
8.520 of the charter and for which such member
is entitled to receive credit as service for the City
and County by virtue of contributions made in
accordance with the provisions of such section.

(4) Prior service determined and credited as
prescribed by the board of supervisors for per-
sons who are members under Section 8.507.

(5) The board of supervisors, by ordinance
enacted by a three-fourths vote of its members,
may provide for the crediting as service under
the retirement system of service, other than
mihtary service, rendered as an employee of the
federal government and service rendered as an
employee of the State of California or any public
entity or public agency in the State of California.
Said ordinance shall provide that all contribu-
tions required as the result of the crediting of
such service shall be made by the member and
that no contributions therefor shall be required
of the City and County.

(h) All payments provided under this sec-
tion shall be made from funds derived from the
following sources, plus interest earned on said
funds:

(1) There shall be deducted from each pay-
ment of compensation paid to a member under
Section 8.509 a sum equal to 7-1/2 percent of
such payment of compensation. The sum so de-
ducted shall be paid forthwith to the retirement
system. Said contribution shall be credited to the
individual account of the member from whose
salary it was deducted, and the total of said
contributions, together with interest credited
thereon in the same manner as is prescribed by
the board of supervisors for crediting interest to
contributions of other members of the retirement
system, shall be applied to provide part of the
retirement allowance granted to, or allowance
granted on account of said member under Sec-
tion 8.509, or shall be paid to said member or his
estate or beneficiary as provided in Sections
8.509(e) and 8.509(f).

(2) Contributions based on time included in
paragraphs (1) and (3) of Subsection (g), and
deducted prior to July 1, 1947, from compensa-
tion of persons who become members under this

section, and standing with interest thereon, to
the credit of such members on the records of the
retirement system on said date, shall continue to
be credited to the individual accounts of said
members, and shall be combined with and ad-
ministered in the same manner as the contribu-
tions deducted after said date.

(3) The total contributions, with interest
thereon, made by or charged against the City
and County and standing to its credit, on July 1,
1948, in the accounts of the retirement system,
on account of persons who become members
under this section, shall be applied to provide the
benefits under this section.

(4) The City and County shall contribute to
the retirement system such amounts as may be
necessary, when added to the contributions re-
ferred to in the preceding paragraphs of this
Subsection (h), to provide the benefits payable
under this section. Such contributions of the City
and County to provide the portion of the benefits
hereunder, which shall be based on service ren-
dered by each member prior to the date upon
which his rate of contribution is determined in
paragraph (1), Subsection (h), shall not be less
during any fiscal year than the amount of such
benefits paid during said year. Such contribu-
tions of the City and County to provide the
portion of the benefits hereunder, which shall be
based on service rendered by respective mem-
bers on and after the date stated in the next
preceding sentence, shall be made in annual
installments, and the installment to be paid in
any year shall be determined by the application
of a percentage to the total salaries paid during
said year, to persons who are members under
this section, said percentage to be the ratio of the
value of the effective date hereof, or at the later
date of a periodical actuarial valuation and in-
vestigation into the experience under the sys-
tem, of the benefits thereafter to be paid under
this section, from contributions of the City and
County, less the amount of such contributions,
and plus accumulated interest thereon, then
held by said system to provide said benefits on
account of service rendered by respective mem-
ber after the date stated in the sentence next
preceding, to the value at said respective dates of

393

Appendix A: Employment Provisions

A8.509

salaries thereafter payable to said members.
Said values shall be determined by the actuary,
who shall take into account the interest which
shall be earned on said contributions, the com-
pensation experience of members, and the prob-
abilities of separation by all causes, of members
from service before retirement, and of death
after retirement. Said percentage shall be changed
only on the basis of said periodical actuarial
valuation and investigation into the experience
under the system. Said actuarial valuation shall
be made every even-numbered year, and said
investigation into the experience under the sys-
tem shall be made every odd-numbered year.

Notwithstanding the provisions of this Sub-
division (4), any additional liabilities created by
the amendments of this Section 8.509 contained
in the proposition therefor submitted to the
electorate on November 6, 1973, shall be amor-
tized over a period of 30 years.

(5) To promote the stability of the retire-
ment system through a joint participation in the
result of variations in the experience under mor-
tality, investment and other contingencies, the
contributions of both members and the City and
County, held by the system to provide the ben-
efits under this section, shall be a part of the
fund in which all other assets of said system are
included. Nothing in the section shall affect the
obligations of the City and County to pay to the
retirement system any amounts which may or
shall become due under the provisions of the
charter prior to the effective date hereof, and
which are represented on July 1, 1947, in the
accounts of said system by debits against the
City and County.

(i) Upon the completion of the years of ser-
vice set forth in Subsection (b) of this section as
requisite to retirement, a member shall be en-
titled to retire at any time thereafter in accor-
dance with the provisions of said Subsection (b),
and nothing shall deprive said member of said
right.

(j) Except as otherwise provided in section
8.511 of this charter, no person retired under this
section, for service or disability and entitled to
receive a retirement allowance under the retire-

ment system, shall serve in any elective or ap-
pointive position in the City and County service,
including membership on boards and commis-
sions, nor shall such persons receive any pay-
ment for service rendered to the City and County
after retirement, provided that service as an
election officer or juror shall not be affected by
this section.

(k) Any section or part of any section in this
charter, insofar as it should conflict with this
section, or with any part thereof, shall be super-
seded by the contents of this section. In the event
that any word, phrase, clause or subsection of
this section shall be adjudged unconstitutional,
the remainder thereof shall remain in full force
and effect.

(1) Notwithstanding the provisions of Sub-
sections (b), (c), (f), and (i) of this section, any
member convicted of a crime involving moral
turpitude, committed in connection with his du-
ties as an officer or employee of the City and
County of San Francisco, shall, upon his removal
from office or employment pursuant to the pro-
visions of this charter, forfeit all rights to any
benefits under the retirement system except
refund of his accumulated contributions; pro-
vided, however, that if such member is qualified
for service retirement by reason of service and
age under the provisions of Subsection (b) of this
section, he shall have the right to elect, without
right of revocation and within 90 days after his
removal from office or employment, whether to
withdraw all of his accumulated contributions or
to receive as his sole benefit under the retire-
ment system, an annuity which shall be the
actuarial equivalent of his accumulated contri-
butions at the time of such removal from office or

employment. '

(m) The amendments of this section con-
tained in the proposition submitted to the elec-
torate on November 6, 1984 are hereby declared
to be prospective and shall not give any person a
claim against the City and County relating to a
death prior to ratification of this amendment by
the State Legislature.

A8.510

San Francisco - Charter

394

A8.510 ACTUARIAL TABLES, RATES
AND VALUATIONS

The mortality, service and other tables, and
the rates of contributions for members as recom-
mended by the actuary and the valuations deter-
mined by him and approved by the retirement
board, shall be conclusive and final, and the
retirement system shall be based thereon. The
total amount, as determined by the actuary and
approved by the board, of the contributions re-
quired during any fiscal year of the City and
County under the retirement system, shall be
paid into the retirement system by the City and
County during such year. Liabilities accruing
under the retirement system because of service
rendered to the City and County by persons prior
to the date their respective classes become eli-
gible for membership in the system, and admin-
istrative costs under the system, shall be met by
contributions to the retirement system by the
City and County, in addition to any amounts
contributed to meet liabilities accruing because
of service rendered by such persons after becom-
ing members of the system, provided that such
prior service liabilities may be met by annual
appropriations instead of by one appropriation
for the total amount of the liabilities; and pro-
vided further, that such appropriation for any
one year shall not be less than the amount
disbursed during that year on account of prior
service. All expenses in connection with the in-
vestment of such fund or funds as may be estab-
lished, including but not limited to travel and
transportation costs, investment seminar ex-
penses, postage, insurance, telephone, and sub-
scriptions to investment publications, shall be
paid from the accumulated contributions of the
City and County.

Notwithstanding the provisions of Section
8.509(h)(5), said actuarial valuation and said
investigation into the experience under the sys-
tem shall be made as determined by the retire-
ment board; provided, however, that said actu-
arial valuation shall be made not less than once
every two years. All expenses in connection with
said actuarial valuation and said investigation
into the experience under the system; all ex-
penses incurred by financial audits and account-

ing systems and procedures; and, all expenses of
administration of plan benefits, including legal
expenses thereof, shall be paid from the accumu-
lated contributions of the City and County.

Contributions to the retirement system re-
quired of the City and Comity shall be charged
by the controller against the general fund or the
school, utility, bond or other special fund under
which the service was rendered, on account of
which the contribution is required; provided that
contributions required on account of service ren-
dered by any person prior to becoming a member
of the system, under a temporary fund, such as
bond or County roads funds, or a fund then no
longer existing, may be charged against the
general fund, and provided further, that any
contributions required on account of persons
receiving benefits under subdivision (c) of Sec-
tion 8.507, shall be charged against the general
fund.

A8.511 PENSIONS OF RETIRED
PERSONS

(a) Except as provided in subsection (c) of
this section, no person retired for service or
disability, and in receipt of a retirement allow-
ance under the retirement system, shall serve in
any elective or appointive position in the City
and County service, including membership on
boards and commissions, nor shall such persons
receive any pa5nnent for service rendered to the
City and County after retirement, provided that
service as an election officer or juror, or in the
preparation for or the giving of testimony as an
expert witness for or on behalf of the City and
County of San Francisco before any court or
legislative or administrative body, shall not be
affected by this section or by Section 8.509,
Section 8.546 or Section 8.581 of the charter.

(b) Should any retired person, except per-
sons retired for service prior to January 8, 1932,
and persons retired because of disability in-
curred in the performance of duty, engage in a
gainful occupation prior to attaining the age of
62, the retirement board shall reduce that part of
his/her monthly pension or retirement allowance
which is provided by contributions of the City
and County, to an amount which, when added to

395

Appendix A: Employment Provisions

the amount earned monthly by him/her in such
occupation, shall not exceed the compensation on
the basis of which his/her pension or retirement
allowance was determined.

(1) A retired person, who is a certificated
employee, may enter into a consultancy contract
with the San Francisco Unified School District or
the San Francisco Community College District to
the extent authorized by state law. Notwithstand-
ing any other provisions of this charter to the
contrary, a certificated employee who enters into
such a consultancy contract shall not be rein-
stated as a member of the retirement system. No
deduction shall be made from his or her compen-
sation as contributions to the retirement system,
and his or her retirement allowance shall not be
terminated or suspended.

(2) A retired person may be employed in a
position other than a certificated position, requir-
ing special skills or knowledge, for not to exceed
120 working days or 960 hours, whichever is
greater, in any one fiscal year and may be paid
for that employment. That employment shall not
operate to reinstate the person as a member of
the retirement system or to terminate or sus-
pend the member's retirement allowance, and no
deductions shall be made from his or her salary
as contributions to the retirement system. Fur-
thermore, this employment shall not replace a
permanent civil service employee.

A8.512 RELINQUISHMENT OF CERTAIN
RETIREMENT ALLOWANCES

Any person who retired under the San Fran-
cisco City and County Employees' Retirement
System from an employment status in which he
was a member of the State Teachers' Retirement
System, and whose retirement was effective af-
ter June 30, 1955, and not later than 90 days
after February 1, 1957, may elect, in writing on
a form provided by the retirement system and to
be filed at the office of said system within 90
days after February 1, 1957, to relinquish his
right to a retirement allowance from said City
and County Employees' Retirement System. If

A8.513

such person so elects to relinquish said right, his
retirement allowance shall be cancelled forth-
with and no payments of such allowance shall be
made to him, or on his account, for time on and
after the effective date of such election, and such
election shall be irrevocable. The San Francisco
City and County Employees' Retirement System
shall pay or be liable to pay to or on account of
such person, only an amount equal to the actu-
arial equivalent, as of the effective date of such
relinquishment, and on the basis of the mortality
tables and interest rate then used under the
system, of the portion of the cancelled allowance
which was provided by said person's accimiu-
lated contributions at the effective date of his
retirement. An amount equal to such actuarial
equivalent shall be forwarded forthwith to the
Retirement Annuity Fund of said State Teachers'
System, to be applied on the amount due to said
fund from said person under the provisions of
Division (7), Chapter 14 of the Education Code of
the State of California, but not to exceed the
amount so due as may be quoted in a written
statement requested of and received from said
State Teachers' Retirement System as applied to
any person herein involved. Any excess of the
actuarial equivalent over said amount so quoted
as due shall be paid forthwith to said person.

A8.513 CREDIT ON CURRENT
CONTRIBUTIONS, FOR CERTAIN
PUBLIC RESERVES RELEASED BY
WITHDRAWAL OR RELINQUISHMENT
BY RETIRING OR RETIRED TEACHERS

In the event that any teacher or other em-
ployee of the board of education resigns and
withdraws during or after the fiscal year which
will end June 30, 1957, his accumulated contri-
butions from the San Francisco City and County
Employees' Retirement System, and instead,
within 90 days after such withdrawal is in the
status of a person retired under the State Teach-
ers' Retirement System of California on an al-
lowance based on the full allowance formulae
under said state system, the contributions which
the San Francisco Unified School District is
required to make to said City and County Em-
ployees' Retirement System on account of service

A8.513

San Francisco - Charter

396

rendered by employees of such unified school
district as such members of such system, in
accordance with the rate of contribution deter-
mined under Section 8.509 of the charter, shall
be reduced by an amount equal to the actuarial
equivalent as of the day next following the date
of such withdrawal, of the portion of the allow-
ance to which such person would have been
entitled from said City and County Employees'
Retirement System, if he had not resigned, and
which would have been based on his service as a
member of such City and County Employees'
Retirement System, minus the amount of his
accumulated normal contributions withdrawn.

In the event that any person retired under
the San Francisco City and County Employees'
Retirement System from an emplojnnent status
in which he was a member of the State Teachers'
Retirement System, has elected or elects to re-
linquish his right to a retirement allowance from
said City and County Employees' Retirement
System, the contributions which the San Fran-
cisco Unified School District is required to make
to the City and County Employees' Retirement
System on account of service rendered by em-
ployees of such unified school district as mem-
bers of such system in accordance with the rate
of contribution determined under Section 8.509
of the charter, shall be reduced by an amount
equal to the actuarial equivalent as of the effec-
tive date of such relinquishment, and as deter-
mined in connection with such relinquishment,
of the portion of the allowance to which said
person would have been entitled had he not so
elected, and which was based on his service as a
member of the City and County Employees'
Retirement System, minus the actuarial. equiva-
lent determined in connection with such relin-
quishment of the portion of the cancelled allow-
ance which was provided by said person's
accumulated normal contributions at the effec-
tive date of his retirement.

If the total of the actuarial equivalents by
which the contributions required of the San
Francisco Unified School District in any year are
to be reduced, exceeds such contributions, the
amount of the excess shall be carried over to

subsequent fiscal years and applied to reduce
such contributions for such years in chronologi-
cal order.

A8.514 SOCIAL SECURITY COVERAGE

The board of supervisors may enact, by a vote
of three-fourths of its members, an ordinance or
ordinances prescribing the conditions according
to which any and all employees of the San
Francisco Unified School District and employees
of the City and County of San Francisco, other
than members of the fire and police department
as defined in Section 8.560, may be covered
under the Federal Old-Age and Survivors Dis-
ability Insurance provisions of the Federal Social
Security Act, subject to the provisions of this
section. "City and County" as hereinafter used
shall mean the City and County of San Francisco
and the San Francisco Unified School District.

(a) Any member of the San Francisco City
and County Employees' Retirement System, here-
inafter referred to as the system, who is or
becomes covered by the Federal Old-Age and
Survivors Disability Insurance provisions of the
Federal Social Security Act, hereinafter referred
to as the Act, shall continue to contribute to the
system the normal contributions required of him,
except that he shall have the right to reduce his
normal contributions under the system at his
option to be exercised by an election on the
system's form, said election to be effective on the
first day of the month next following its filing in
the system's office. Such reduction of normal
contributions shall apply only to time during
which said member is covered under the Act, and
after February 1, 1959, and the amount of said
reduction, which may be changed from time to
time by said member, in accordance with rules
and regulations of the Retirement Board, shall
not be more than the amount of said member's
contribution under the Act.

Any allowance payable to or on account of
such member by the system shall be reduced on
the effective date of said allowance by the actu-
arial equivalent on that date of the normal
contributions, including interest to said date,
with which said member would have been but
was not credited under the system because of

397

Appendix A; Employment Provisions

A8.514

said reduction in his normal contributions and
because of amounts paid from such member's
accumulated contributions for the retroactive
period hereinafter provided for, and any continu-
ation of said allowance shall be based on such
reduced allowance but said allowance shall not
be effected otherwise by the member's reduction
of his normal contributions. Said member shall
have the right to contribute amounts, which
shall be administered as additional contribu-
tions, to replace all or part of such reduction in
his retirement allowance.

(b) The reductions in allowances and contri-
butions of members shall be made as provided in
the foregoing paragraphs, notwithstanding any
provisions in the charter to the contrary.

(c) Every employee covered by the agree-
ment providing coverage under the Act shall be
liable for the employee contributions required by
the Act.

(d) The effective date of coverage under the
Act may be made retroactive to such date as the
boEird of supervisors may determine.

Contributions required under the Act of each
member for time included by the retroactive
application shall be paid from such member's
accumulated contributions held by the system on
account of his compensation not in excess of the
maximum compensation taxable under this Act
for such retroactive time. If the required contri-
butions under the Act exceed the member's ac-
cumulated contributions held by the system so
determined, the additional contributions under
the Act equal to the excess shall be paid by the
member. Contributions required under the Act of
the employer on account of such retroactive
period shall be paid from funds held by the
system on account of active members and de-
rived from contributions of the City and County.

(e) Any member who is covered by Section
210(1) of the Act on the effective date of the
agreement between the state and federal govern-
ment to extend coverage to the members of the
system under the Act shall not be subject to this
section unless he elect to be covered in accor-
dance with this section, such election to be on a
form furnished by the system and to be filed in

the office of the system not later than 180 days
after the effective date of such agreement. Such
election shall be irrevocable. Such election shall
fix the status of the member under such coverage
as the same in all respects as if he had not been
covered luider Section 210(1), except that there
shall be no adjustment of the member's accumu-
lated contributions or of the funds held by the
system, and derived from contributions of the
City and County, on account of social security tax
for such retroactive period.

Each member who enters the employ of the
municipal railway after the effective date of the
agreement between the state and federal govern-
ment to extend coverage to other members of the
system under the Act, shall be covered under the
Act in accordance with the terms of this section
and the ordinance or ordinances enacted pursu-
ant thereto.

(f) Provision shall be made for modification
of the member's retirement allowances at his
option, if he retires before he attains the mini-
mum age of qualification for his primary benefit
under the Act, in such manner that will make his
increased monthly retirement allowance under
the system prior to attainment of such age equal
to the sum of his decreased monthly allowance
after attainment of such age, and his primary
benefit under the Act, upon the basis of an
estimated primary benefit under the Act, subject
to the requirement that the amounts of the
increase and decrease in the monthly allowance
shall be actuarially equivalent, and that the
increase shall not be modified under an option
provided by ordinance.

(g) Words used in the masculine gender
shall include the feminine and neuter genders,
and singular numbers shall include the plural
and the plural the singular.

(h) The contribution rates of the City and
County applicable to various membership under
Section 8.509 shall be adjusted to rates deter-
mined by the actuary according to methods stated
in Section 8.509.

(i) The board of supervisors shall submit to
the eligible employees for purposes of referen-
dum, as defined in the Act, the question as to

A8.514

San Francisco - Charter

398

whether they desire coverage under the Act in
accordance with conditions prescribed in this
section.

(j) The powers of the board of supervisors
granted in Section 8.500 shall include the author-
ity to make such adjustments in the retirement
system, by a vote of three-fourths of its members,
as are not made by this section, but as required
because of changes in the Act, to carry out the
purposes of this section.

A8.515 COMPENSATION INSURANCE
PAYMENTS

The benefit provisions of the workmen's com-
pensation laws included in the Labor Code of the
State of California, as they effect the benefits
provided for or payable to or on account of
officers and employees, including teachers of the
City and County, shall be administered exclu-
sively by the retirement board, provided that the
retirement board shall determine whether the
City and County, through the retirement system,
shall assume the risks under the said law, in
whole or in part, or whether it shall reinsure
such risks, in whole or in part, with the state
compensation insurance fund. Benefits under
such risks as may be assumed by the City and
County, and premiums under such risks as may
be reinsured shall be paid by the retirement
system, and an amount equal to the total of such
benefits and premiums, as determined by the
actuary for any fiscal year, including the deficit
brought forward from previous years, shall be
paid during such fiscal year to the retirement
system by the City and County.

Every patrol special police officer, as referred
to in Section 8.509 of this charter shall be en-
titled, under this section, to the benefits of such
compensation law, if injured while performing
regular City and County police duties, which
shall include only duties performed while pre-
venting the commission of a crime, or while
apprehending the person or persons committing
such crime, and shall not include duties of any
character performed for private employers either
on or off" the premises of such employers, pro-
vided that no pajnnents shall be made luider this

paragraph in the event that the patrol special
officer shall receive the benefits of such compen-
sation law from any other source.

Whenever any member of the fire or police
department, as defined in Sections 8.545, 8.565,
and 8.569, respectively, is incapacitated for the
performance of his duties by reason of any bodily
injury received in or illness caused by the perfor-
mance of his duty as determined by the retire-
ment board, he shall become entitled, regardless
of his period of service with the City and County,
to disability benefits equal to and in lieu of his
salary as fixed by the chsirter, while so disabled,
for a period or periods not exceeding 12 months
in the aggregate, with respect to any one injury
or illness. Said disability benefits shall be re-
duced in the manner fixed by the board of
supervisors by the amount of any benefits other
than medical benefits payable to such person
under the Labor Code concurrently with said
disability benefit, and because of the injury or
illness resulting in said disability. Such disabil-
ity benefits as are paid in the absence of pay-
ments of any benefits other than medical ben-
efits under the workmen's compensation laws
included in said Labor Code, shall be considered
as in lieu of such benefits, payable to such person
under the said code concurrently with said dis-
ability benefits, and shall be in satisfaction and
discharge of the obligations of the City and
County to pay such benefits under the Labor
Code. Medical treatment which may become nec-
essary to relieve or cure said member from the
effects of the injury or illness shall be furnished
by the City and County, in the same manner that
such treatment is furnished under said Labor
Code, but without first requiring continuing
awards of such treatment by the Industrial Ac-
cident Commission of the State of California,
relating to impairments of permanent or of ex-
tended and uncertain duration. The provisions of
this paragraph shall be administered exclusively
by the retirement board, and the City and County
and unified school district and community col-
lege district shall pay to the retirement system
during each fiscal year, an amount equal to the
total disability benefits paid by said system
during the fiscal year and, pursuant to appli-

399

Appendix A: Employment Provisions

A8.517

cable provisions of the Administrative Code of
the City and County, the unified school district
and community college district shall pay to the
retirement system during each fiscal year, a
proportionate share of the costs of administering
workers compensation benefits on behalf of em-
ployees of said school and college districts.

A member of the fire or police department
shall receive credits as service, under the retire-
ment system, for time during which he is inca-
pacitated for performance of duty and receives
said disability benefit. Contributions for the re-
tirement system shall be deducted fi-om said
benefits in the same manner as they would be
deducted from salary paid to him, and the City
and County shall contribute, in addition to its
other contributions provided herein, to the retire-
ment system on the basis of said benefits in the
same manner as it would contribute on salary
paid to said member.

A8.516 DISABILITY BENEFITS

Whenever any member of the police or fire
department, as defined in Sections 8.586-1 and
8.588-1, respectively, is incapacitated for the
performance of his duties by reason of any bodily
injury received in, or illness caused by, the per-
formance of his duty, as determined by the re-
tirement board, he shall become entitled with
respect to any one injury or illness, regardless of
his period of service with the City and County, to
disability benefits equal to and in lieu of his
salary, while so disabled, for a period or periods
not exceeding 12 months in the aggregate, or
until such earlier date as he is retired, whether
for service or disability.

Said disability benefit shall be reduced in the
manner fixed by the board of supervisors by the
amount of any benefits other than medical ben-
efits payable to such person under the Labor
Code concurrently with said disability benefit,
and because of the injury or illness resulting in
said disability. Such disability benefits as are
paid in the absence of payments of any benefits
other than medical benefits under the workers'
compensation laws included in said Labor Code,
shall be considered as in lieu of such benefits
payable to such person under the said code

concurrently with said disability benefits, and
shall be in satisfaction and discharge of the
obligations of the City and County to pay such
benefits under the Labor Code.

The provisions of this section shall be admin-
istered exclusively by the retirement board, and
the City and County shall pay to the retirement
system during each fiscal year an amount equal
to the total disability benefits paid by said sys-
tem during that year.

A member of the police or fire department
shall receive credit as service, under the retire-
ment system, for time during which he is inca-
pacitated for performance of duty and receives
said disability benefit; provided, however, that
contributions for the retirement system shall be
deducted from pa3anents of such disability ben-
efits paid to him. The City and County shall
contribute, in addition to its other contributions
provided herein, to the retirement system on the
basis of said benefits in the same manner as it
would contribute on salary paid to said member.

A8.517 ELIMINATION OF MANDATORY
RETIREMENT

Notwithstanding the provisions of Subsec-
tion (b) of Section 8.509 and Section 8.584-2,
members subject to said sections shall not be
required to retire upon attainment of the age of
65 years. Any member who attains the age of 65
years with less than 10 years of credited service
in the aggregate in the retirement system and
who would have been subject to compulsory
retirement upon the attainment of the age of 65
years in the absence of the provisions of this
Section 8.517 may elect to retire upon the first
day of the month next following the month in
which he or she attains the age of 65 years and
receive the allowance he or she would have
received if this Section 8.517 had not been in
effect; provided, however, that any such member
who elects not to so retire and continues as a
member after the first day of the month next
following his or her attainment of the age of 65
years shall not be entitled to receive a service
retirement allowance until completion of the
years of credited service required by the provi-

A8.517

San Francisco - Charter

400

sions of said Subsection (b) of Section 8.509 or
Section 8.584-2, as the case may be, in order to
qualify for service retirement.

The provisions of this Section 8.517 do not
and shall not entitle any person retired under
the retirement system to be re-employed.

A8.518 HEARING OFFICER

Notwithstanding the provisions of Section
3.671, Subsection (c) of Section 8.509, Sections
8.515, 8.516, 8.547, 8.548, 8.559-3, 8.559-4, 8.571,
8.572, 8.584-3, 8.585-3, 8.585-4, 8.586-3, 8.586-4,
8.588-3 or 8.588-4, any application for disability
leave, disability retirement, or death allowance
made pursuant to said subsection of said sec-
tions of this charter shall be heard by a qualified
and unbiased hearing officer employed under
contract by the retirement board and selected by
procedures set forth in the rules of the retire-
ment board. The retirement board shall have the
power to establish rules setting forth the quali-
fications and selection procedure necessary to
appoint a qualified and unbiased hearing officer.

Following public hearing, the hearing officer
shall determine whether such application shall
be granted or denied.

All expenses relating to processing and adju-
dicating the above applications, including but
not limited to the cost of hearing officer, legal,
investigative, and court reporter services, shall
be paid from the compensation fund.

At any time within 30 days after the service
of the hearing officer's decision, the applicant or
any other affected party, including the retire-
ment system, may petition the hearing officer for
a rehearing upon one or more of the following
grounds and no other:

a. That the hearing officer acted without or
in excess of his powers.

b. That the decision was procured by fraud.

c. That the evidence does not justify the
decision.

d. That the petitioner has discovered new
evidence material to him, which he could not,
with reasonable diligence, have discovered and
produced at the hearing.

Upon the expiration of 30 days after the
petition for rehearing is denied, or if the petition
is granted, upon the expiration of 30 days after
the rendition of the decision or hearing, the
decision of the hearing officer shall be final. Such
final decision shall not be subject to amendment,
modification or rescission by the retirement board,
but shall be subject to review by the retirement
board only for the purpose of determining whether
to seek judicial review, and such final decision
shall be deemed for all purposes to be the deci-
sion of the retirement board.

The provisions of this section shall become
operative on October 1, 1980.

A8.519 RETIREMENT SYSTEM CREDIT
FOR REPRESENTATIVE SERVICE

Notwithstanding any other provision of this
charter, any member of the retirement system
who is on leave of absence and serving on a full
time basis as an employee representative for a
recognized employee organization and represent-
ing City and County employees, shall have the
right to make contributions and obtain service
credit with the retirement system subject to the
terms of this section.

For purposes of this section, compensation
shall mean the remuneration paid in cash, as it
may change from time to time, attached to the
rank or position held by the member while on
leave. For members whose pay hours are estab-
lished by the choice of assignment, shift, or run
based on seniority, compensations shall mean an
amount computed by applying the current wage
rate for such members as it may change from
time to time, to the hours in the assignment,
shift, or run held by the member immediately
prior to the commencement of his or her leave.

There shall be no cost to the City and County
for representative service. The member shall be
responsible for transmittal of all contributions
which would ordinarily be paid by the member
and the City and County. No service credit will
be allowed unless and until all contributions are
received by the retirement system. The organi-
zation may agree to pay the employer contribu-
tions which would ordinarily be paid by the City

401

Appendix A: Employment Provisions

A8.520

and County. The member shall pay the member
contributions. If the organization does not pay
the employer contributions the member must
pay those contributions in order to obtain repre-
sentative service credit.

A member may receive credit for representa-
tive service prior to January 1, 1988, pursuant to
the preceding paragraph, when agreed by the
member and the organization.

The retirement board shall have the author-
ity to establish procedures to calculate compen-
sation and collect contributions plus interest for
representative service. The calculation of com-
pensation herein shall also be used in determin-
ing the average final compensation in computing
the member's retirement allowance.

This section shall be effective January 1,
1988. This section shall not apply to retirement
system members or their successors in interest
who retired or terminated prior to January 1,
1988. This section shall not apply to representa-
tive service prior to a member's effective date of
membership with the retirement system.

At the request of any City employee, who is a
member of the State of California Public Employ-
ees' Retirement System and who takes a leave of
absence to serve on a full time basis as an
employee representative for a recognized em-
ployee organization representing City and County
employees, the City shall, subject to the statutes
and regulations of the Public Employees' Retire-
ment System, submit to the Board of Adminis-
tration of the Public Employees' Retirement Sys-
tem proposed amendments to the contract between
the City and County and that retirement system
to allow such person to make contributions and
obtain service credit during the leave of absence.

The duty to submit proposed contract amend-
ments shall be limited to amendments which
shall not provide for or allow any cost to the City
and County.

A8.520 CONTINUOUS SERVICE

(a) Continuous service shall be defined by
the board of supervisors, but the absence prior to
September 14, 1940, of any officer or employee of
the City and County from service caused by

reason of the service of such officer or employee
in the military or naval forces of the United
States in any war in which the United States has
engaged, shall not be deemed to be absence from
service for the purposes of the retirement system
and such officer or employee shall receive credit
under the retirement system, for the period of
such absence, in the same manner as if he had
not been absent.

On and after September 14, 1940, a member
is absent on military service when he is absent
from City service by reason of:

(1) service with the armed forces of the
United States or the State of California;

(2) service on ships operated by or for the
United States government when such service is
granted as "military leave" pursuant to section
3.670 and 3.671 of the charter;

(3) service connected with the war effort for
which leaves of absence shall be authorized
pursuant to Sections 3.670 and 3.671 of the
charter; or

(4) any other service, under an order of the
government of the United States or the State of
California, or by lawful order of any of the
departments or offices of said governments, pro-
vided that such absence in any of such services
occurs:

(A) either during a war involving the United
States as a belligerent or in time of national
emergency, declared by the President of the
United States or by the Congress, and for such
time thereafter as may be provided by rule of the
civil service commission, but not to exceed two
years after the proclamation of peace, except in
case of disability incurred in line of duty with
said armed forces or said ships when such dis-
ability extends beyond such period; or

(B) in time of peace if he is drafted for such
services by the United States government or
volunteers for such service while subject to such
draft.

For the purpose of this section a war involv-
ing the United States as a belligerent exists:

(1) whenever Congress has declared any
war which has not been terminated by a truce,
treaty of peace, or otherwise;

A8.520

San Francisco - Charter

402

(2) whenever the United States is engaged
in active military operations against any foreign
power, whether or not war has been formally
declared; or

(3) whenever the United States is assisting
the United Nations, in actions involving the use
of armed force, to maintain or restore interna-
tional peace and security.

(b) Any member so absent on military ser-
vice may contribute to the retirement system
during such absence, at times and in the manner
prescribed by the board, amounts equal to the
contributions which would have been made by
him to the system on the basis of his compensa-
tion earnable at the commencement of his ab-
sence, if he had remained in City service.

Any member who makes the contributions as
provided in the preceding paragraph shall re-
ceive credit for the absence as service in the
manner as if he had not been absent. If, however,
a member does not affirmatively exercise the
option herein provided, or if he exercised it
affirmatively and defaults in any of the contri-
butions due to the retirement system under said
election, and in either event if such contributions
are not made for him, he shall be considered
absent during the period for which no contribu-
tions are made, and he shall not receive credit as
service for the City and County for such period;
but the absence during such period shall not
break the continuity of such service required of
such member to entitle him to a retirement
allowance, as provided under the retirement
system.

Any member who was absent on military
service and who did not make the contributions
as provided in this section, and whose contribu-
tions are not paid for him by the City and County
as provided herein, may make such contribu-
tions upon his return to City service at times and
in the manner prescribed by the board. If he does
so contribute, he shall receive credit for the
absence as service in the same manner as if he
had not been absent.

When a member makes the contributions as
provided herein, the same contributions shall be
made by the City and County, in respect to such

absence, that would have been made if the mem-
ber had not been absent on military service,
except that such contributions shall be deter-
mined by the employer's rate of contribution in
effect when such contributions are made, and on
the basis of his compensation earnable at the
commencement of his absence.

(c) Notwithstanding other provisions of this
charter to the contrary, the City and County
shall contribute for each member of this system
who was absent on military service after Septem-
ber 14, 1940, amounts equal to the contribution
which would have been made by such member
and the City and County of San Francisco on the
basis of his compensation earaable at the com-
mencement of his absence, provided that the
member's base pay in such military service is
less than $100 per month, and provided, further:

(1) that if the absence in military service
was by reason of service in the armed forces of
the United States;

(2) that the absence began on or after June
25, 1950; and

(3) that the member's base pay in such
service was less than $250 per month, the City
and County shall pay the contributions which
would have been made by both the member and
the City and County on the basis of his compen-
sation earnable at the commencement of his
absence. Contributions made by the City and
County, in lieu of contributions which otherwise
would be required of the member, shall be ad-
ministered as if made by said member as normal
contributions. Any such member who exercises
or did exercise the right to contribute to the
system during the period of absence on military
service, and whose contributions otherwise would
be paid by the City and County under this
section, shall have his contributions plus cred-
ited interest, refunded.

(d) Absence commencing on or after Decem-
ber 7, 1941, of any member of the retirement
system from City service caused by reason of his
evacuation or exclusion from the City and County
by an authorized military commander because
such member was of Japanese ancestry shall not
be deemed to be absent from service for purposes

403

Appendix A: Employment Provisions

A8.521

of the retirement system, for the period of such
absence, provided that he returned to City ser-
vice within one year after the termination of his
evacuation or exclusion, and provided further
that upon his return to City service, and at times
and in the manner prescribed by the retirement
board, he elects to contribute to the retirement
system amounts equal to the contributions which
would have been made by him to the system on
the basis of his compensation eamable at the
commencement of his absence, if he had re-
mained in City service.

Any member who makes the contributions as
provided in the preceding paragraph shall re-
ceive credit under the retirement system for the
absence as service in the same manner as if he
had not been absent. If, however, a member does
not affirmatively elect to make such contribu-
tions as herein provided, or if he affirmatively
elects to make such contributions and defaults in
any of the contributions due to the retirement
system as herein provided, he shall be consid-
ered absent during the period for which no
contributions are made, and he shall not receive
credit in the retirement system as service for the
City and County for such period; but the absence
during such period shall not break the continuity
of such service required of such member to
entitle him to a retirement allowance as pro-
vided under the retirement system.

When a member makes the contributions as
provided herein, the same contributions shall be
made by the City and County in respect to such
absence that would have been made by the City
and County if the member had not been absent
because of such evacuation or exclusion, except
that such contributions shall be determined by
the employer's rate of contribution in effect when
such contributions are made, and on the basis of
his compensation eamable at the commence-
ment of his absence.

(e) Notwithstanding any other provision of
this charter, any member who entered military
service from a position with the Market Street
Railway Company, was absent on such military
service on September 29, 1944, and thereafter
commenced employment with the Municipal Rail-

way of the City and County of San Francisco
within one year after his discharge from such
military service, shall have the right to elect to
make contributions as provided in this section
and to receive credit in this system as City
service for all or any part of the time on and after
September 29, 1944, during which he was in
such military service.

Any member who elects, pursuant to this
section, to make contributions and to receive
credit for such time, shall contribute to the
Retirement System an amount determined by
applying the rate of contribution first applicable
to him on the effective date of his membership in
the Retirement System to the monthly compen-
sation eamable by him on said date, together
with interest on said amount at the rate of
interest being used from time to time under the
retirement system.

The board of supervisors shall provide by
ordinance the time and manner for making said
contributions and for the crediting of such ser-
vice as City service.

A8.521 CREDIT FOR CERTAIN
MILITARY SERVICE

Notwithstanding any other provisions of this
charter, any member who was serving in the
armed forces of the United States or the State of
California during the time of war or any emer-
gency lawfully declared by the President of the
United States, who had standing on an eligible
list for appointment to a permanent position and
was reached for certification to a permanent
position while so serving, shall have the right to
elect to make contributions as provided in this
section and to receive credit in this system as
City service for all or any part of the time after
he was so reached during which he was so
serving; provided, however, that no member shall
have such right unless he entered into employ-
ment with the City and County as a result of
such certification made in accordance with the
provisions of Section 8.361 of the charter within
one year after his discharge from such armed
forces.

A8.521

San Francisco - Charter

404

Any member who elects, pursuant to this
section, to make contributions and receive credit
for such time, shall contribute to the retirement
system an amount determined by appljdng the
rate of contribution first applicable to him on the
effective date of his membership in the retire-
ment system to the monthly compensation eam-
able by him on said date, together with interest
on said amount at the rates of interest being
used from time to time under the retirement
system.

The board of supervisors shall provide by
ordinance the time and manner for making said
contributions and for the crediting of such ser-
vice as service credit.

A8.522 EARLY RETIREMENT BENEFITS

A8.522-1 EARLY RETIREMENT
BENEFITS

Under this section, certain employees may
become eligible to receive early retirement ben-
efits. These early retirement benefits shall only
apply to members who are certified under sec-
tion A8. 401 and who retire with an effective date
of retirement within the time limit established
by the notice in Section A8. 401-6. As used in this
section, the term "early retirement benefits" means
increasing an eligible employee's age and cred-
ited service for both qualification and benefit
computation purposes by three (3) years but
shall not apply to the disability or vesting benefit
provisions or computations under Charter Sec-
tions A8.509(c), A8.509(f), A8.587-3 and A8.587-6.
Early retirement benefits are available to mem-
bers under Charter Sections A8.509 and A8.587,
subject to any limitations in those sections, and
also subject to the limits in Section A8.401 and
herein but, are not available to members covered
by Charter sections A8.559, A8.585, A8.586,
A8.588, A8.595, A8.596, A8.597 or A8.598 or
other Charter sections. (Added November 2003)

A8.522-2 RECALCULATION/EFFECTIVE
DATE OF RETIREMENT

Any employee who separated from employ-
ment due to layoff between March 1, 2003 and
June 30, 2005, and is later determined to be

eligible for early retirement benefits, may have
his or her retirement allowance recalculated as
of his or her date of retirement. Any employee
who separated from employment due to layoff
between March 1, 2003 and June 30, 2005, but
did not retire, and who is later determined to be
eligible for early retirement benefits, may retire
after notice in Section A8. 401-6 but no earlier
than the first day of the month in which he or she
applies for retirement. Any such employee who
withdrew his or her accumulated contributions
shall redeposit in the retirement fund the amount,
plus interest, refunded to him or her. (Added
November 2003)

A8.522-3 RETURN TO SERVICE

Any employee who retires under any early
retirement program and later reenters City and
County service as a member of the retirement
system shall forfeit any service or age credit
received under the early retirement program.
(Added November 2003)

A8.522-5 COMPLIANCE WITH TAX LAWS

The early retirement benefits under this sec-
tion will be limited by Section 415 of the Internal
Revenue Code of 1986, as amended from time to
time, and no early retirement benefits under this
section will be effective if they have an adverse
effect on the tax qualified status of the retire-
ment system under Section 401 of the Internal
Revenue Code of 1986, as amended from time to
time. (Added November 2003)

A8.525 CONTRIBUTIONS TO
RETIREMENT FUND

The City and County shall contribute jointly
with the members of the retirement system to
meet the liabilities accruing under the system
because of service rendered to the City and
County by persons after becoming members of
the system. Members of the system shall contrib-
ute not to exceed 10 percent of their salaries or
wages, provided that members may, at their
option, elect to contribute at rates in addition to
those fixed as normal by the retirement board.
The City and County shall contribute an amount
equal to normal contributions of members as

405

Appendix A: Employment Provisions

A8.526

provided for in the preceding sentence, but the
City and County shall not contribute any amount
because of additional contributions by members.

A8.526 COST OF LIVING ADJUSTMENT
IN ALLOWANCES

(a) Each retirement or death allowance which
is not subject to change when the salary rate of
any member is changed and which is payable to
or on account of any member who has retired or
died prior to July 1, 1967, except such allowances
payable to or on account of persons who retired
or died prior to July 1, 1947, as members under
Section 8.507, but including death allowances
payable under Section 8.561 which are not sub-
ject to change when the salary rate of any
member is changed, shall be increased for time
on and after July 1, 1968, by the percentage set
forth in the following table opposite the fiscal
year in which said allowance became effective,
said percentage to be applied to the allowance
payable to the individual who was receiving the
allowance on July 1, 1968, (a) exclusive of the
annuity provided by additional contributions and
(b) prior to reduction pursuant to Subsection (a)
of Section 8.514:

Fiscal year in which

allowance became

effective Percentage

All years prior to July 1, 1959 16%

July 1, 1959 to June 30, 1960 14%

July 1, 1960 to June 30, 1961 12%

July 1, 1961 to June 30, 1962 10%

July 1, 1962 to June 30, 1963 8%

July 1, 1963 to June 30, 1964 6%

July 1, 1964 to June 30, 1965 4%

July 1, 1965 to June 30, 1966 2%

July 1, 1966 to June 30, 1967 1%

(1) Funds, necessary for the pajmtient of
such increases in allowances payable to, or on
account of, members who retired or died as
members under charter Sections 8.507 or 8.509,

shall be provided from the City's accumulated
contributions held by the system on account of
miscellaneous members under Section 8.509.

(2) Funds, necessary for the pa3mient of
such increases in allowances to, or on account of,
members who retired or died as members under
charter Sections 8.543 or 8.544, shall be provided
from the City's accumulated contributions held
by the system on account of police members
under Section 8.544.

(3) Funds, necessary for the pajnnent of
such increases in allowances to, or on account of,
members who retired or died as members under
charter Sections 8.567 or 8.568, shall be provided
from the City's accumulated contributions held
by the system on account of fire members under
Section 8.568.

The necessary funds shall be transferred on
the effective date of this section from said accu-
mulated contributions to the accumulated con-
tributions held by the system to meet the obliga-
tions of the City and County on account of
benefits that have been granted and which are
based on services rendered as members. The
contribution being required of the City and County
currently, as percentages of salaries of persons
who are members under Sections 8.509, 8.544
and 8.568, shall be increased to percentages
determined by the actuary as necessary to re-
place the accumulated contributions so trans-
ferred.

(b) (1) The retirement board shall deter-
mine, prior to April 1 of each year, the percentage
of increase or decrease in the cost of living during
the preceding calendar year or years, as shown
by the then current Consumer Price Index, All
Items, San Francisco (1957-59=100), issued by
the U.S. Bureau of Labor Statistics and pub-
lished in the Monthly Labor Review or a succes-
sor publication. The cost of living adjustments as
hereinafter provided shall be based on the per-
centage of such increase or decrease.

(2) Notwithstanding any other charter or
ordinance provision governing the retirement
system, every retirement or death allowance
payable to, or on account of, any member who
retires or dies as a member of the system or who

A8.526

San Francisco - Charter

406

has retired or died as such a member, except
allowances subject to change when the salary
rate of any member is changed, shall be in-
creased or decreased as of July 1, 1969, and on
July 1, of each succeeding year, subject to the
provisions of this Subsection (b), by a percentage
of the allowance established on July 1, 1968,
after any increase under Subsection (a) of this
section or on the effective date of such allowance,
whichever is later, as payable to the individual
who is receiving the allowance on the date of any
such adjustment (a) exclusive of the annuity
provided by additional contributions, and prior
to modification pursuant to Subsection (f) of
Section 8.514. On July 1, 1969, the percentage of
increase in each such allowance shall be the
percentage which is determined by the retire-
ment board to approximate to the nearest one
percent, the percentage of increase in the cost of
living during the preceding calendar year. On
July 1, 1970, and on July 1 of each succeeding
year, the percentage of increase or decrease in
each such allowance shall be the percentage
which is determined by the retirement board to
approximate to the nearest one percent of in-
crease or decrease in the cost of living in the
calendar year or years since January 1, 1969, or
since January 1 of the year in which the last such
cost of living adjustment in allowances was made,
whichever is later. Such adjustment in any year
shall not exceed two percent of such allowance;
provided, however, that no allowance shall be
reduced below the amount being received by the
member or his beneficiary on July 1, 1968, or on
the effective date he began to receive the allow-
ance, whichever is later.

(3) Commencing with the calendar year 1982,
if the percentage of increase or decrease in the
cost of living in any calendar year, as determined
to the nearest one percent by the retirement
board, were to exceed two percent as compared
with the cost of living in the next preceding
calendar year, the percentage of increase or
decrease in the cost of living in excess of two
percent, shall be accumulated to provide in-
creases or decreases in the cost of living in each
succeeding calendar year.

(4) Any such increase in allowances which
are not funded by such allocations of such earn-
ings, shall be funded by contributions of mem-
bers under Sections 8.507, 8.509, 8.544, 8.568,
8.584, 8.586 and 8.588, and by contributions of
the City, which shall be at rates which are in
addition to the rates of contribution otherwise
provided by charter or ordinance, provided that a
member's rate of contribution shall not exceed
one-half of one percent of his monthly compen-
sation. The contributions made under this sec-
tion by any member, shall be credited together
with regular interest thereon to his individual
account and shall be subject to the same charter
and ordinance provisions relating to accumu-
lated contributions of the member, including
withdrawal and death benefits other than death
allowances, provided, however, that upon his
retirement or death, such accumulated contribu-
tions and interest shall not be applied to provide
a part of the retirement benefits payable to him
or the death allowance benefits payable on ac-
count of his death otherwise provided by charter
or ordinance, but instead shall be held, together
with the accumulated contributions made by the
City pursuant to this Subsection (b), with inter-
est thereon, to provide the benefits under this
Subsection (b).

(5) The rates of contribution of members
and the City, as provided herein, shall be fixed by
the retirement board from time to time as it
determines necessary.

A8.526-1 SUPPLEMENTAL COST OF
LIVING BENEFIT

Starting on July 1, 1997, the Retirement
Board shall establish in the Retirement Fund a
Reserve Account. Funds in this Reserve Account
shall be used to provide supplemental cost of
living benefit adjustments to retirement allow-
ances in addition to cost of living adjustments
now provided for in the Charter. Funds placed in
this Reserve Account shall consist of all earnings
of the Retirement Fund in the previous fiscal
year which are in excess of the expected earnings
on the actuarial value of the assets. The expected
earnings are the earnings projected by the actu-
arial assinnption for return on assets that was in

407

Appendix A: Employment Provisions

A8.530

place for that fiscal year. The maximum amount
of funds to be placed in this Reserve Account
shall not exceed the amount of funds projected to
be necessary to fund benefits provided pursuant
to this section for that fiscal year and the follow-
ing two fiscal years.

The funds in this Reserve Account shall be
used solely to provide supplemental cost of living
benefit adjustments as follows:

(a) On July 1, 1997 and July 1 of each
succeeding year, if there are sufficient funds in
this Reserve Account, each retirement allowance
or death allowance payable on account of a
member who died, including retirement allow-
ances subject to change when the salary rate of a
member is changed, shall be increased by an
amount equal to three percent (3%) of the allow-
ance, less the amount of any cost of living adjust-
ment provided pursuant to Section 8.526 and
less the amount of any cost of living adjustment,
payable in that fiscal year, which is the result of
a change in the salary of the member.

(b) On July 1, 1997, if there are sufficient
funds in this Reserve Account, each retirement
allowance payable to or account of a member
who was retired on or before December 31, 1979
as a member under Sections 8.507 or 8.509 or
8.584 shall be increased by a monthly amount
equal to $3 for each complete year of retirement.
In computing years of retirement, the Retire-
ment System shall count completed fiscal years
between the member's effective date of retire-
ment and June 30, 1997.

(c) On and after June 30, 2003, any supple-
mental cost of living benefit adjustment, once
paid to a member, shall not be reduced thereaf-
ter.

(d) On and after June 30, 2003, the Reserve
Account set forth in this section shall be used to
finance only the increase in the supplemental
cost of living benefit adjustments for the next
ensuing fiscal year as set forth in section (a). If
there are insufficient funds in the Reserve Ac-
count to pay the increase in the supplemental
cost of living benefit adjustments for the next
ensuing fiscal year, then the increase in the
supplemental cost of living benefit adjustments

for that fiscal year shall not be paid. However,
any excess earnings as defined in this section
shall be accumulated until an amount sufficient
to make one fiscal year's increase in the supple-
mental cost of living benefit adjustments is
reached. (Added November 1996; amended March
2002)

A8.527 COMMUNITY PROPERTY
RIGHTS

Subject to the vested rights rule, the board of
supervisors is empowered to enact, by a vote of
three- fourths of its members, ordinances to
amend the provisions of the retirement system to
conform with the community property provisions
of Civil Code Sections 4800 and 4800.8, provided
that the board of supervisors shall first secure,
through the retirement board, an actuarial re-
port of the cost and effect of any such change and
provided further that any such ordinances shall
not increase overall retirement system benefits
costs.

A8.530 RETIREMENT-
MISCELLANEOUS OFFICERS AND
EMPLOYEES PRIOR TO JULY 1, 1947

Every retirement allowance payable by the
San Francisco City and County Employees' Re-
tirement System, for time commencing on Janu-
ary 1, 1950, to or on account of any person who
was retired prior to July 1, 1947, as a member of
said system under Section 8.507, is hereby in-
creased by the amount of $25 per month, pro-
vided such member was entitled to be credited
under the retirement system with at least 20
years of service upon which the retirement al-
lowance was determined at retirement. If the
member was entitled to be credited with less
than 20 years of such service, then said monthly
increase shall be an amount which shall bear the
same ratio to $25 that the service with which the
member was entitled to be credited at effective
date of retirement, bears to 20 years. This sec-
tion does not give any member retired prior to
January 1, 1950 or his successors in interest, any
claim against the City and County for any in-
crease in any retirement allowance paid or pay-
able for any time prior to January 1, 1950. If a

A8.530

San Francisco - Charter

408

member elected at retirement to have his retire-
ment allowance modified under Options 2 or 3,
provided by ordinance, and if his beneficiary is
living on January 1, 1950, the increase in his
allowance shall be modified under the option
elected at retirement, and on the basis of current
ages, mortality tables and interest rate. If the
beneficiary of such a person who elected at
retirement to have his allowance modified under
one of said options, is not living on January 1,
1950, or if the retired member is not living on
January 1, 1950, and the beneficiary is receiving
the modified retirement allowance, then the al-
lowance shall be increased as provided herein for
persons who did not elect an option.

The increase in the retirement allowance
shall be apportioned between service rendered
prior to the entry of the member into the retire-
ment system and service rendered as a member,
in the same proportion that such prior and
current service respectively, bears to the total
service credited at retirement. Contributions to
the retirement system, necessary for the pay-
ment of the increases in the retirement allow-
ances provided in this section, shall be provided,
with respect to the portion of the benefit based
on service rendered as members, from the re-
serves held by the retirement system on account
of miscellaneous members, the necessary amount
being transferred upon January 1, 1950, from
said reserves to the reserves held by the retire-
ment system to meet the obligations, on account
of benefits that have been granted and on ac-
count of prior service of members. The contribu-
tion being required of the City currently, as
percentages of salaries of persons who are mem-
bers under Section 8.509, shall be increased to
percentages determined by the actuary as neces-
sary to replace the reserves so transferred. Con-
tributions to the retirement system, necessary
for the pajrment of said increases with reference
to prior service, shall be paid to the system by
the City and County by annual appropriations,
provided that such appropriation for any year
shall not be less than the amount disbursed
during that year on account of said increases.

A8.531 ESrCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
PRIOR TO JULY 1, 1947

Every retirement allowance payable by the
San Francisco City and County Employees' Re-
tirement System, for time commencing on Feb-
ruary 1, 1953, to or on account of any person who
was retired prior to July 1, 1947, as a member of
said system under Section 165 of the charter of
1932, as amended, is hereby increased by the
amount of $25 per month, provided such member
was entitled to be credited under the retirement
system with at least 20 years of service upon
which the retirement allowance was determined
at retirement. If the member was entitled to be
credited with less than 20 years of such service,
then said monthly increase shall be an amount
which shall bear the same ratio to $25 that the
service with which the member was entitled to
be credited at effective date of retirement, bears
to 20 years. This section does not give any
member retired prior to February 1, 1953, or his
successors in interest, any claim against the City
and County for any increase in any retirement
allowance paid or payable for time prior to Feb-
ruary 1, 1953. If a member elected at retirement
to have his retirement allowance modified under
Options 2 or 3, provided by ordinance, and if his
beneficiary is living on February 1, 1953, the
increase in his allowance shall be modified under
the option elected at retirement, and on the basis
of current ages, mortality tables and interest
rate. If the beneficiary of such a person who
elected at retirement to have his allowance modi-
fied under one of said options is not living on
February 1, 1953, or if the retired member is not
living on February 1, 1953, and the beneficiary is
receiving the modified retirement allowance, then
the allowance shall be increased as provided
herein for persons who did not elect an option.

409

Appendix A: Employment Provisions

A8.532

the retirement system necessary for the pay-
ment of the increase in the retirement allow-
ances provided in this section, shall be provided,
with respect to the portion of the benefit based
on service rendered as members, from the re-
serves held by the retirement system on account
of miscellaneous members, the necessary amount
being transferred upon February 1, 1953, from
said reserves to the reserves held by the retire-
ment system to meet the obligations on account
of benefits that have been granted and on ac-
count of prior service of members. The contribu-
tion being required of the City currently, as
percentages of salaries of persons who are mem-
bers under Section 8.509, shall be increased to
percentages determined by the actuary as neces-
sary to replace the reserves so transferred. Con-
tributions to the retirement system necessary for
the pajonent of said increases with reference to
prior service, shall be paid to the system by the
City and County by annual appropriations, pro-
vided that such appropriation for any year shall
not be less than the amount disbursed during
that year on account of said increases.

A8.532 INCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
PRIOR TO JULY 1, 1952

Every retirement allowance payable by the
San Francisco City and County Employees' Re-
tirement System, for time commencing on April
1, 1956, to or on account of any person who has
retired prior to July 1, 1952, as a member of said
system under Section 165 of the Charter of 1932,
as amended, is hereby increased by the amount
of $25 per month, provided such member was
entitled to be credited under the retirement
system with at least 20 years of service upon
which the retirement allowance was determined
at retirement. If the member was entitled to be
credited with less than 20 years of such service,
then said monthly increase shall be an amount
which shall bear the same ratio to $25 that the
service with which the member was entitled to
be credited at effective date of retirement, bears
to 20 years. This section does not give any
member retired prior to April 1, 1956, or his

successors in interest, any claim against the City
and County for any increase in any retirement
allowances paid or payable for time prior to April
1, 1956. If a member elected at retirement to
have his retirement allowance modified under
Option 2 or 3, provided by ordinance, and if the
member and his beneficiary are living on April 1,
1956, the increase in the allowance shall be
modified under the option elected at retirement,
and on the basis of current ages, mortality tables
and interest rate. If the beneficiary of such a
person who elected at retirement to have his
allowance modified under one of said options is
not living on April 1, 1956, or if the retired
member is not living on April 1, 1956, and the
beneficiary is receiving the modified retirement
allowance, then the allowance shall be increased
as provided herein for persons who did not elect
an option.

The increase in the retirement allowance
shall be apportioned between service rendered
prior to the entry of the member into the retire-
ment system and service rendered as a member,
in the same proportion that such prior and
current service respectively, bears to the total
service credited at retirement. Contributions to
the retirement system necessary for the pay-
ment of the increases in the retirement allow-
ances provided in this section, shall be provided,
with respect to the portion of the benefit based
on service rendered as members, from the re-
serves held by the retirement system on account
of miscellaneous members, the necessary amount
being transferred upon April 1, 1956, from said
reserves to the reserves held by the retirement
system to meet th0 obligations on account of
benefits that have been granted and on account
of prior service of members. The contribution
being required of the City currently, as percent-
ages of salaries of persons who are members
under Section 8.509 shall be increased to per-
centages determined by the actuary as necessary
to replace the reserves so transferred. Contribu-
tions to the retirement system necessary for the
pa5Tiient of said increases with reference to prior
service, shall be paid to the system by the City
and County by annual appropriations, provided

A8.532

San Francisco - Charter

410

that such appropriation for any year shall not be
less than the amount disbursed during that year
on account of said increases.

A8.533 mCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
PRIOR TO JULY 1, 1947

Every retirement allowance payable by the
San Francisco City and County Employees' Re-
tirement System, for time commencing on March
1, 1964, to or on account of any person who was
retired prior to July 1, 1947, as a member of said
system under Section 8.507, formerly Section
165 of the charter of 1932, as amended, is hereby
increased by the amount of $25 per month,
provided such member was entitled to be cred-
ited under the retirement system with at least 20
years of service upon which the retirement al-
lowance was determined at retirement. If the
member was entitled to be credited with less
than 20 years of service, then said monthly
increase shall be an amount which shall bear the
same ratio to $25, that the service with which
the member was entitled to be credited at the
effective date of his retirement, bears to 20
years. This section does not give any member
retired prior to March 1, 1964, or his successor in
interest, any claim against the City and County
for any increase in any retirement allowance
paid or payable for the time prior to March 1,
1964. If a member elected at retirement to have
his retirement allowance modified under Op-
tions 2 or 3, provided by ordinance, and if both he
and his beneficiary are living on March 1, 1964,
the increase in his allowance shall be modified
under the option elected at retirement, and on
the basis of current ages, mortality tables and
interest rates. If the beneficiary of such a person
who elected at retirement to have his allowance
under one of said options is not living on March
1, 1964, or if the retired member is not living on
March 1, 1964, and the beneficiary is receiving
the modified retirement allowance, then the al-
lowance shall be increased as provided herein for
persons who did not elect an option.

The increase in the retirement allowance
shall be apportioned between service rendered

prior to the entry of the member into the retire-
ment system, and service rendered as a member,
in the same proportion that such prior and
current service respectively, bears to the total
service credited at retirement. Contributions to
the retirement system necessary for the pay-
ment of the increases in the retirement allow-
ances provided in this section, shall be provided,
with respect to the portion of the benefit based
on service rendered as members, from the re-
serves held by the retirement system on accoimt
of miscellaneous members, the necessary amount
being transferred upon March 1, 1964, from said
reserves to the reserves held by the retirement
system to meet the obligations on account of
benefits that have been granted and on account
of prior service of members.

The contribution being required of the City
currently, as percentages of salaries of persons
who are members under Section 8.509 shall be
increased to percentages determined by the ac-
tuary as necessary to replace the reserves so
transferred. Contributions to the retirement sys-
tem necessary for the payment of said increases
with references to prior services, shall be paid to
the system by the City and County by annual
appropriations, provided that such appropria-
tion for any year shall not be less than the
amount disbursed during that year on account of
said increases.

A8.534 INCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
PRIOR TO JULY 2, 1952

Every retirement allowance payable by the
San Francisco City and County Employees' Re-
tirement System, from time commencing on Feb-
ruary 1, 1957, to or on account of any person who
was retired prior to July 2, 1952, as a member of
said system under Section 8.509 formerly Sec-
tion 165.2 of the charter of 1932, as amended,
and to or on account of any person who was
retired prior to July 2, 1952, but not prior to July
1, 1952, as a member of said system under
Section 8.507, formerly Section 165 of the char-
ter of 1932, as amended, is hereby increased by
the amount of $25 per month, provided such

411

Appendix A: Employment Provisions

A8.535

member was entitled to be credited under the
retirement system with at least 20 years of
service upon which the retirement allowance
was determined at retirement. If the member
was entitled to be credited with less than 20
years of such service, then said monthly increase
shall be an amount which shall bear the same
ratio to $25 that the service with which the
member was entitled to be credited at effective
date of retirement, bears to 20 years. This sec-
tion does not give any member retired prior to
February 1, 1957, or his successors in interest,
any claim against the City and County for any
increase in any retirement allowance paid or
payable for time prior to February 1, 1957. If a
member elected at retirement to have his retire-
ment allowance modified under Option 2 or 3,
provided by ordinance, and if the member and
his beneficiary are living on February 1, 1957,
the increase in the allowance shall be modified
under the option elected at retirement, and on
the basis of current ages, mortality tables and
interest rate. If the beneficiary of such a person
who elected at retirement to have his allowance
modified under one of said options is not living
on February 1, 1957, or if the retired member is
not living on February 1, 1957, and the benefi-
ciary is receiving the modified retirement allow-
ance, then the allowance shall be increased as
provided herein for persons who did not elect an
option.

and County on account of benefits that have been
granted and on account of prior service of mem-
bers. The contribution being required of the City
and County currently as percentages of salaries
of persons who are members under Section 8.509,
shall be increased to percentages determined by
the actuary as necessary to replace the reserves
so transferred. Contributions to the retirement
system necessary for the pajnnent of said in-
creases with references to prior service, shall be
paid to the system by the City and County by
annual appropriations, provided that such appro-
priation for any year shall not be less than the
amount disbursed during that year on account of
said increases.

A8.535 INCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
ON OR AFTER JULY 1, 1947, AND PRIOR
TO APRIL 1, 1966

Every retirement allowance payable to or on
account of a member who retired under the
provisions of Section 8.509 (formerly Section
165.2 of the charter of 1932) on or after July 1,
1947, and prior to April 1, 1966, is hereby in-
creased for time commencing on the effective
date of this section, hereby designated as the
first day of the month next following ratification
by the State Legislature, to the amount it would
have been if such allowance had been computed,
on the date such member's retirement allowance
was first effective, as if "average final compen-
sation" were defined as the average monthly
compensation earned by a member during any
three consecutive years of credited service in the
retirement system in which his average compen-
sation is the highest.

This section does not give any person retired
under the provisions of said Section 8.509, or his
successors in interest, any claim against the City
and County for any increase in any retirement
allowance paid or payable for time prior to the
effective date of this section.

Any increase in any retirement allowance
resulting from the calculation provided in this
section shall be disregarded in connection with

A8.535

San Francisco - Charter

412

any adjustment of retirement allowances pursu-
ant to the provisions of Section 8.526 (formerly
Section 164.1 of the charter of 1932).

A8.536 INCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
ON OR AFTER JULY 1, 1947, AND PRIOR
TO JULY 1, 1974

(a) Every retirement allowance payable to
or on account of a member who retired, for
service under the provisions of Subsection (b) of
Section 8.509 of this charter on or after July 1,
1947, and prior to July 1, 1974, after having
attained the age of 60 years, is hereby increased
for time commencing on July 1, 1974, to the
amount it would have been if such allowances
had been computed, on the date such retirement
allowance was first effective, on the basis of two
percent of such member's average final compen-
sation for each year of credited service.

(b) Every retirement allowance payable to
or on account of a member who retired, for
service under the provisions of Subsection (b) of
Section 8.509 of this charter on or after July 1,
1947, and prior to July 1, 1974, prior to having
attained the age of 60 years is hereby increased
for time commencing on July 1, 1974, to the
amount it would have been if such allowance had
been computed, on the date such retirement
allowance was first effective, on the basis of the
percent of such member's average final compen-
sation for each year of credited service as is set
forth in the following table opposite his age at
retirement, taken to the preceding completed
quarter year:

Age at Percent for Each Year

Retirement of Credited Service

1.5000

55V4

1.5250

55V2

1.5500

553/4

1.5750

1.6000

56y4

1.6250

Age at

Percent for Each Year

Retirement

of Credited Service

56y2

1.6500

563/4

1.6750

1.7000

57V4

1.7250

57V2

1.7500

573/4

1.7750

58y4

58V2

583/4

59V4
59V2
593/4

1.8000
1.8250
1.8500
1.8750
1.9000
1.9250
1.9500
1.9750

In no event shall a member's retirement
allowance, as increased under the provisions of
paragraph (a) or (b) of this section, exceed 75
percent of his average final compensation.

(c) Every retirement allowance payable to
or on account of a member who retired for
disability under the provisions of Subsection (c)
of Section 8.509 of this charter on or after July 1,
1947, and prior to July 1, 1974, is hereby in-
creased for time commencing on July 1, 1974, to
the amount it would have been if such allowance
had been computed, on the date such retirement
allowance was first effective as follows:

(1) On the basis of one and eight- tenths
percent of such member's average final compen-
sation for each year credited service, if such
retirement allowance exceeds 40 percent of his
said average final compensation;

(2) If such retirement allowance, as in-
creased, does not exceed 40 percent of such
member's average final compensation, the in-
crease provided imder this section shall be com-
puted on the basis of one and eight-tenths per-
cent of his average final compensation multiplied
by the number of years of City-service which

413

Appendix A: Employment Provisions

A8.538

would be credited to him were such City-service
to continue until attainment by him of the age of
60 years; provided, however, that such retire-
ment allowance shall not exceed 40 percent of his
said average final compensation.

With respect to members whose retirement
allowances were first effective prior to January
1, 1972, "average final compensation" as used in
this Section 8.536 shall mean the average monthly
compensation earned by the member during any
12 consecutive months of credited service in the
retirement system in which his average compen-
sation is the highest.

This section does not give any person retired
under the provisions of Section 8.509, or his
successors in interest, any claim against the City
and County for any increase in any retirement
allowance paid or payable for time prior to July
1, 1974.

Any increase in £iny retirement allowance
resulting from the recalculation provided for in
this section^ shall be disregarded in connection
with any adjustment of retirement allowances
pursuant to the provisions of Section 8.526 of
this charter.

A8.537 INCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
UNDER SECTION 8.507 PRIOR TO
JANUARY 1, 1972

Every retirement allowance payable to or on
account of a member who retired under the
provisions of Section 8.507 (formerly Section 165
of the charter of 1932) prior to January 1, 1972,
is hereby increased for time commencing on the
effective date of this section, hereby designated
as the first day of the month next following
ratification by the State legislature, to the amount
it would have been if such allowance had been
computed, on the date such member's retirement
allowance was first effective, as if the provisions
of Section 8.509, as they exist on the effective
date of this section, had been in effect and
applicable to such member, and as if "average
final compensation" were defined as the average
monthly compensation earned by a member dur-

ing any 12 consecutive months of credited ser-
vice in the retirement system in which his aver-
age compensation is the highest.

This section does not give any person retired
under the provisions of said Section 8.507, or his
successors in interest, any claim against the City
and County for any increase in any retirement
allowance paid or payable for time prior to the
effective date of this section.

Any increase in any retirement allowance
resulting from the calculation provided in this
section shall be disregarded in connection with
any adjustment of retirement allowances pursu-
ant to the provisions of Section 8.526 (formerly
Section 164.1 of the charter of 1932).

Section 8.537 does not authorize any de-
crease in any allowance from the amount being
paid as of June 4, 1974.

A8.538 INCREASING OF CERTAIN
RETIREMENT ALLOWANCES IN EFFECT
PRIOR TO JULY 1, 1977

Every retirement allowance payable to a male
person, or to the beneficiary of a male person,
retired prior to July 1, 1977, as a member under
the provisions of Sections 8.507, 8.509, 8.544 or
8.568 and subject to an optional modification
pursuant to an election exercised under Section
16.75 of the San Francisco Administrative Code
is hereby increased for time commencing Janu-
ary 1, 1978, to the amount it would have been if
such allowance had been computed, on the date
such allowance was first effective, on the basis of
the mortality tables applicable to the retirement
system on January 1, 1978.

This section does not give any person retired
under the provisions of Sections 8.507, 8.509,
8.544 or 8.568, or such person's successors in
interest, any claim against the City and County
for any increase in; any retirement allowance
paid or payable for time prior to January 1, 1978.

Any adjustment of retirement allowances made
pursuant to the provisions of Section 8.526 of
this charter for time after June 30, 1978, shall be
based upon the amount of the original retire-
ment allowance plus the amount of the increase
to be applied by the provisions of this section.

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San Francisco - Charter

414

A8.539 INCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
PRIOR TO JULY 2, 1980

Every retirement allowance payable by the
San Francisco City and County Employees' Re-
tirement System, from time commencing on July

1, 1982 to or on account of any person who was
retired prior to July 2, 1980, as a member of said
system under Section 8.509 formerly Section
165.2 of the charter of 1932, as amended; and to
or on account of any person who was retired prior
to July 2, 1980, as a member of said system
under Section 8.507, formerly Section 165 of the
charter of 1932, as amended; and to or on ac-
count of any person who was retired prior to July

2, 1980, as a member of said system under
Sections 8.584, 8.586 and 8.588 of this charter, is
hereby increased by the amount of $25 per
month, provided such member was entitled to be
credited under the retirement system with at
least 20 years of service upon which the retire-
ment allowance was determined at retirement. If
the member was entitled to be credited with less
than 20 years of such service, then said monthly
increase shall be an amount which shall bear the
same ratio of $25 that the service with which the
member was entitled to be credited at effective
date of retirement, bears to 20 years. This sec-
tion does not give any member retired prior to
July 1, 1982 or his successors in interest, any
claim against the City and County for any in-
crease in any retirement allowance paid or pay-
able for time prior to July 1, 1982.

Contributions to the retirement system nec-
essary for the payment of the increases in the
retirement allowances provided in this section,
shall be provided, from the reserves held by the
retirement system on account of miscellaneous
members, cost of living benefits, the necessary-
amount being transferred upon July 1, 1982,
from said reserves to the reserves held by the
retirement system to meet the obligations of the
City and County on account of benefits that have
been granted and on account of prior service of
members. The contributions being required of
the City and County currently as percentages of
salaries of persons who are members under Sec-

tions 8.509, 8.584, 8.586, and 8.588 shall be
increased to percentages determined by the ac-
tuary as necessary to replace the reserves so
transferred.

A8.539-1 INCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
PRIOR TO JULY 2, 1985

Commencing on July 1, 1987, every retire-
ment allowance payable by the San Francisco
City and County Employees' Retirement System,
to or on account of any person who was retired
prior to July 2, 1985 as a member of said system
under Sections 8.507, 8.509, 8.584, 8.586 or
8.588 of this charter, is hereby increased by the
amount of $50.00 per month, provided such
member had retired prior to July 2, 1961. If the
member had retired after July 1, 1961, then said
monthly increase shall be an amount which shall
bear the same ratio to $50.00 that the number of
years the member has been retired bears to
twenty-five (25) years.

In computing years of retirement, the retire-
ment system shall count completed fiscal years
between the member's effective date of retire-
ment and June 30, 1986.

This section does not give any member re-
tired prior to July 1, 1987 or his successors in
interest, any claim against the City and County
for any increase in any retirement allowance
paid or payable for time prior to July 1, 1987.

A8.539-2 INCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
PRIOR TO JULY 2, 1988

Commencing on July 1, 1990, every retire-
ment allowance payable by the San Francisco
City and County Employees' Retirement System,
to or on account of any person who was retired
prior to July 2, 1988 as a member of said system
under sections 8.507, 8.509, 8.584, 8.586 or 8.588
of this charter, is hereby increased by the amount
of $50.00 per month, provided such member had
retired prior to July 2, 1964. If the member had
retired after July 1, 1964, then said monthly
increase shall be an amount which shall bear the

415

Appendix A: Employment Provisions

A8.540

same ratio to $50.00 that the number of years
the member has been retired bears to twenty-
five (25) years.

In computing years of retirement, the retire-
ment system shall count completed fiscal years
between the member's effective date of retire-
ment and June 30, 1989.

This section does not give any member re-
tired prior to July 1, 1990 or his successors in
interest, any claim against the City and County
for any increase in any retirement allowance
paid or payable for time prior to July 1, 1990.

A8.539-3 INCREASING RETIREMENT
ALLOWANCES OF MISCELLANEOUS
OFFICERS AND EMPLOYEES RETIRED
PRIOR TO JULY 2, 1991

Commencing on July 1, 1993, every retire-
ment allowance payable by the San Francisco
City and County Employees' Retirement System,
to or on account of any person who was retired
prior to July 2, 1991 as a member of said system
under sections 8.507, 8.509, 8.584, 8.586 or 8.588
of this charter, is hereby increased by the amount
of $75.00 per month, provided such member had
retired prior to July 2, 1967. If the member had
retired after July 1, 1967, then said monthly
increase shall be an amount which shall bear the
same ratio to $75.00 that the number of years
the member has been retired bears to twenty-
five (25) years.

In computing years of retirement, the retire-
ment system shall count completed fiscal years
between the member's effective date of retire-
ment and June 30, 1992.

This section does not give any member re-
tired prior to July 1, 1993 or his or her successors
in interest, any claim against the City and Comity
of San Francisco for any increase in any retire-
ment allowance paid or payable for time prior to
July 1, 1993.

A8.540 MEMBERS OF THE POLICE
DEPARTMENT ON JANUARY 8, 1932

Persons who are members of the police de-
partment on the eighth day of January, 1932,
shall become members of the retirement system

on that date, subject to the following provisions
in addition to the provisions contained in Sec-
tions 3.670, 3.672, 8.500, 8.502, 8.510, 8.511,
8.520, and 8.560 of this charter:

(a) Any member of the department who has
arrived or shall arrive at the age of 62 years, and
who has completed 30 years of continuous ser-
vice as an active member of the department next
preceding his retirement, may retire from ser-
vice at his option, provided that retirement shall
be compulsory at the age of 70 years. Such
retired member shall receive a monthly pension,
payable throughout his life, equal to one-half of
the amount of the monthly salary attached to the
rank held by him three years prior to the date of
his retirement, hereinafter referred to in this
section and Section 8.542 as a "pension."

Before the first pajnnent of the pension is
made, such retired member may elect to receive
the actuarial equivalent of his pension, partly in
a pension to be received by him throughout his
life, and partly in other benefits payable after his
death to another person or persons, provided
that such election shall be subject to all the
conditions prescribed by the board of supervisors
to govern similar elections by other members of
the retirement system, including the character
and amount of such other benefits.

(b) Any member of the department who
shall become physically disabled by reason of
any bodily injury received in the performance of
his duty, may be retired upon a monthly pension,
as defined in subdivision (a), of this section,
payable throughout his life. In case his disability
shall cease, his pension shall cease, and he shall
be restored to the service in the rank he occupied
at the time of his retirement.

(c) The family of any member of the depart-
ment who may be killed or injured while in the
performance of his duties, and who shall have
died within 3 years from the date of such injury
as a result of such injury, shall receive the
following benefits and the receipt by such mem-
ber of a pension under this section during his
lifetime shall not bar said family from such
benefits:

First, should the decedent leave a widow to
whom he was married prior to the date of the

A8.540

San Francisco - Charter

416

injury resulting in death, such widow shall, as
long as she may live and remain unmarried, be
paid a monthly pension equal to one-half of the
salary attached to the rank held by the decedent
at the time of his said injury; provided, however,
that should said widow die, leaving a child or
children under the age of 16 years, said pension
shall continue to such child or such children
collectively until the youngest child arrives at
the age of 16 years.

Second, should the decedent leave no widow,
but leave an orphan child or children under the
age of 16 years, such child or children collectively
shall receive a monthly pension equal to one-half
of the salary attached to the rank held by their
father at the time of his said injury until the
youngest attains the age of 16 years.

Third, should the decedent leave no widow
and no orphan child or children, but leave a
parent or parents depending solely upon him for
support, such parents, so depending, shall collec-
tively receive a monthly pension equal to one-
half of the salary attached to the rank held by
the decedent at the time of his said injury dm'ing
such time as the retirement board may unani-
mously determine its necessity.

(d) A sum equal to the contributions, with
interest, made by persons who become members
of the retirement system under this section to
any other pension fund, shall be paid by the City
and County to the retirement system. Each mem-
ber of the department shall contribute $2 per
month to the retirement system to be applied on
the cost of the benefits at death and retirement
provided under this section. Should a member be
separated from City service through any cause
other than death or retirement, then such con-
tributions with interest shall be refunded to him
under such conditions as may be fixed by the
board of supervisors for the refund of contribu-
tions of other members of the retirement system.

(e) When any member of the department
shall die from natural causes and before retire-
ment, there shall be paid to his estate or benefi-
ciary a death benefit, the amount of which and
the conditions for the payment of which shall be

determined in the manner prescribed by the
board of supervisors for the death benefit of
other members of the retirement system.

Upon the death of a member after retirement
and regardless of the cause of death, a death
benefit shall be paid to his estate or designated
beneficiary, the amount of which and the condi-
tions for pa3rment of which shall be determined
in the manner prescribed by the board of super-
visors for the pajrment of a similar death benefit
upon the death of other retired members.

(f) In addition to the other contributions
required of the City and County under the retire-
ment system, the City and County shall contrib-
ute to the retirement system during each fiscal
year a sum which, together with the members'
contributions provided for in subdivision (d) of
this section, shall be equal to the liabilities
accruing under the retirement system because of
the service rendered during such year by persons
becoming members on the 8th day of January,
1932, under this section. If, subsequent to such
fiscal year, it shall be determined that such
contributions by the City and County, together
with the members' contributions, was not suffi-
cient to meet such liability, then the City and
County shall make such additional contributions
as may be necessary to make up the deficit.

(g) No benefits shall be provided under the
retirement system for, nor shall any contribution
be required of, persons who become members of
the retirement system under this section, in
addition to the benefits specifically provided and
contributions specifically required in such sec-
tion.

That portion of any pension payable because
of the death or retirement of any such person
which is provided by contributions of the City
and County shall be reduced, in the manner
fixed by the board of supervisors, by the amount
of any benefits payable to or on account of such
person, under the workers' compensation insur-
ance and safety law of the State of California.

(h) Persons who were members of the police
department on the eighth day of January, 1932,
shall have the option, to be exercised in writing
on or before the first day of January, 1936, of

417

Appendix A: Employment Provisions

A8.544

becoming members of the retirement system
under the provisions of Section 8.543, which
applies to persons who become members of the
department after the 8th day of January, 1932. If
such persons shall affirmatively exercise such
option within the time specified, then on and
after the first day of the month next following
such affirmative action, referred hereinafter in
this subdivision (h) as "effective date," they shall
not receive any benefit or make any contribution
under this section, but on and after said effective
date shall be members of the retirement system
and shall receive benefits and meike contribu-
tions on the same basis as persons who become
members of the department after the 8th day of
January, 1932, provided that a pension for each
person affirmatively exercising such option shall
be payable on account of service rendered to the
City and County prior to said effective date, by
such members' contributions made prior to such
effective date, with interest, and by contribu-
tions of the City and County, which pension shall
be the same percentage regardless of the age of
retirement, of his final compensation, as defined
by the board of supervisors, for each year of such
service, as the contributions of the member and
the City and County are calculated to provide
upon retirement at age 62 for each year of service
rendered as a member of the retirement system.

A8.541 SALARY BASE, FOR
RETIREMENT PURPOSES, OF FORMER
RANK OF CORPORAL OF POLICE

For all purposes of the retirement system,
and notwithstanding any other provisions of the
charter, the monthly salary attached to the former
rank of corporal, heretofore held by a member of
the police department, shall henceforth be deemed
to be an amount equal to the maximum monthly
salary attached to the rank of police officer, plus
three-fourths of the difference between such
amount and the monthly salary attached to the
rank of sergeant.

A8.542 POLICE DEPARTMENT-
RETIRED MEMBERS AND
BENEFICIARIES ON JANUARY 8, 1932

Any member of the police department who
shall have been retired and shall be receiving a

pension on the eighth day of January, 1932, and
any widow, child, children or parents of a de-
ceased member of the department who shall be
receiving a pension on the 8th day of January,
1932, shall continue to receive such pension,
subject to the provisions of Section 8.540 govern-
ing the paj^ment of pensions. Such pension shall
be paid by the retirement system, but no other
benefits shall be provided for such retired mem-
bers, widows, children or parents, except that
upon the death of any such member who is
receiving a pension under this section and re-
gardless of the cause of death, a death benefit
shall be paid to his estate or designated benefi-
ciary, the amount of which shall be determined
in the manner prescribed by the board of super-
visors.

A8.543 MEMBERS OF THE POLICE
DEPARTMENT— JANUARY 8, 1932 TO
JULY 1, 1945

Persons who become members of the police
department after the eighth day of January,
1932, and prior to July 1, 1945, shall become
members of the retirement system subject only
to the following provision in addition to the
provisions contained in Sections 3.670, 3.672,
8.500, 8.501, 8.502, 8,510, 8.511, 8.520, and 8.525
and 8.560 of this charter: No such member of the
retirement system shall be retired, except in case
of disability incapacitating him for the perfor-
mance of his duties, unless he shall have at-
tained the age of 62 years, and completed 25
years of continuous service, except that retire-
ment shall be compulsory at the age of 70 years.
It may be provided, however, under such retire-
ment system, that members may retire after 30
years of continuous service, the benefits of retire-
ment in such cases to be determined, because of
retirement at an age below 62, in accordance
with the tables recommended by the actuary and
approval by said retirement board.

A8.544 MEMBERS OF THE POLICE
DEPARTMENT AFTER JULY 1, 1945

Members of the police department, as defined
in Section 8.545, who are members of the retire-
ment system under Sections 8.507, 8.540 or

A8.544

San Francisco - Charter

418

8.543 of the charter on the first day of July, 1945,
and persons who become members of said depart-
ment after said date, shall be members of the
retirement system under this Section 8.544 on
and after said date, and shall be subject to the
following provisions of Section 8.544 and Sec-
tions 8.545, 8.546, 8.547, 8.548, 8.549, 8.551,
8.552, 8.553, 8.554, 8.555, 8.556, 8.557, 8.558,
and 8.559 (which shall apply only to members
under Section 8.544 unless otherwise indicated)
in addition to the provisions contained in Sec-
tions 3.670, 3.671, 8.500, 8.510, and 8.520 of this
charter notwithstanding the provisions of any
other section of the charter. Members of the said
department who are members of the retirement
system under Section 8.540 of the Charter on
July 1, 1949, however, shall have the option to be
exercised in writing on a form furnished by the
retirement system and to be filed at the office of
said system not later than 90 days after July 1,
1949, of being members of the system under
Section 8.540 instead of Section 8.544, the elec-
tion under said option to be effective on said
date. In like manner, members of the said de-
partment who are members of the retirement
system under Section 8.507 or 8.543 of the char-
ter shall have the option, to be exercised in
writing on a form furnished by the retirement
system, and to be filed at the office of said system
not later than 90 days after July 1, 1949, of being
members of the system under Sections 8.507 or

8.543, respectively, instead of Section 8.544 the
election to be effective on said date, provided,
that members who are absent by reason of ser-
vice in the armed forces of the United States or
by reason of any other service included in section
8.520 of the charter, on the effective date of the
amendment shall have the same option of elect-
ing to be members under Sections 8.507, 8.540,
or 8.543, as the case may be, instead of Section

8.544, until 90 days after return to service in the
police department.

On and after July 1, 1949, the persons who
affirmatively exercise said option, shall continue
to be members of the system under Sections
8.507, 8.540, or 8.543, respectively, and shall not
be subject to any of the provisions of Section
8.544.

A8.545 DEFINITIONS

The following words and phrases as used in
this section, unless a different meaning is plainly
required by the context shall have the following
meanings:

"Retirement allowance," "death allowance,"
or "allowance" shall mean equal monthly pay-
ments, beginning to accrue upon the date of
retirement, or upon the day following the date of
death, as the case may be and continuing for life
unless a different term of payment is definitely
provided by the context.

"Compensation," as distinguished from ben-
efits under the Workers' Compensation Insur-
ance and Safety Act of the State of California,
shall mean the remuneration payable in cash, by
the City and County, without deduction except
for absence from duty, for time during which the
individual receiving such remuneration is a mem-
ber of the police department, but excluding re-
muneration paid for overtime.

"Compensation eamable" shall mean the com-
pensation which would have been earned had
the member received compensation without in-
terruption throughout the period under consid-
eration at the rates of remuneration attached at
that time to the ranks or positions held by him
during such period, it being assumed that during
any absence he was in the rank or position held
by him at the beginning of the absence, and that
prior to becoming a member of the police depart-
ment, he was in the rank or position first held by
him in such department.

"Benefit" shall include "allowance," "retire-
ment allowance," "death allowance" and "death
benefit."

419

Appendix A: Employment Provisions

A8.546

ment or death, "final compensation," as to such
member, shall mean the monthly compensation
earnable by such member in the rank or position
next lower to the rank or position which he held
at the time of retirement or death at the rate of
remuneration attached at the time of said retire-
ment or death to said next lower rank or posi-
tion; provided, however, that in the case of a
member's death before retirement as the result
of a violent traumatic injury received in the
performance of his duty, "final compensation," as
to such member shall mean the monthly compen-
sation earnable by such member at the rate of
remuneration attached on the date he receives
such injury to the rank or position held by such
member on that date.

The amendment of the definition of "final
compensation" contained in the proposition there-
for submitted to the electorate on June 6, 1972,
shall be retroactive and shall be applicable to
any death allowance first effective on or after
July 1, 1971. Said amendment does not and shall
not increase any death allowance first in effect
prior to July 1, 1971, nor shall said amendment
give any person receiving a death allowance, or
his successors in interest any claim against the
City and County for any increase in any death
allowance paid or payable for time prior to July
1, 1971.

For the purpose of the retirement system and
of this section, the terms "member of the police
department," "member of the department" or
"member" shall mean any officer or employee of
the police department whose employment therein
began prior to January 1, 1900, or whose employ-
ment therein began or shall begin after that
date, and was or shall be subject to the charter
provisions governing entrance requirements for
members of the uniformed force of said depart-
ment, and said terms further shall mean, from
the effective date of their emplo5aiient in said
department, persons employed on July 1, 1945,
regardless of age, or employed after said date at
an age not greater than the maximum age then
prescribed for entrance into employment in said
uniformed force, to perform the duties now per-
formed under the titles of criminologist, photog-
rapher, police patrol driver, police motor boat

operator, woman protective officer, police woman
or jail matron. Any police service performed by
such member of the police department outside
the limits of the City and County and under
orders of a superior officer of any such member,
shall be considered as City and County service,
and any disability or death incurred therein
shall be covered under the provisions of the
retirement system.

"Retirement system" or "system" shall mean
San Francisco City and Coiuity Employees' Re-
tirement System as created in Section 8.600 of
the charter. '

"Retirement board" shall mean "retirement
board" as created in Section 3.670 of the charter.

"Charter" shall mean the charter of the City
and County of San Francisco.

Words used in the masculine gender shall
include the feminine and neuter genders, and
singular numbers shall include the plural and
the plural the singular.

"Interest" shall mean interest at the rate
adopted by the retirement board.

A8.546 SERVICE RETIREMENT

Any member of the police department who
completes at least 25 years of service in the
aggregate and attains the age of 50 years, said
service to be computed under Section 8.554, may
retire for service at his option. Members shall be
retired on the first day of the month next follow-
ing the attainment by them of the age of 65
years. A member retired after meeting the ser-
vice and age requirements in the two sentences
next preceding, shall receive a retirement allow-
ance equal to 55 percent of the final compensa-
tion of said member, as defined in Section 8.545,
plus and allowance at the rate of three percent of
said final compensation, for each year of service
rendered in excess of 25 years; provided, how-
ever, that such retirement allowance shall not
exceed 70 percent of said member's final compen-
sation. A member retired after attaining the age
of 65 years, but before completing 25 years of
service in the aggregate computed under Section
8.554, shall receive a retirement allowance which
bears the same ratio to 50 percent of the final

A8.546

San Francisco - Charter

420

compensation of said member, as defined in
Section 8.545 as the service with which he is
entitled to be credited, bears to 25 years. If, at
the date of retirement for service, or retirement
for disabiUty resulting from an injury received in
performance of duty, said member has no wife,
children or dependent parents, who would qualify
for the continuance of the allowance after the
death of said member, or with respect to the
portion of the allowance which would not to be
continued regardless of dependents, or upon re-
tirement for disabihty resulting from other causes,
with respect to all of the allowance and regard-
less of dependents at retirement, a member
retired under this section, or Section 8.547, may
elect before the first payment of the retirement
allowance is made, to receive the actuarial equiva-
lent of his allowance or the portion which would
not be continued regardless of dependents, as
the case may be, partly in a lesser allowance to
be received by him throughout his life, and
partly in other benefits payable after his death to
another person or persons, provided that such
election shall be subject to all the conditions
prescribed by the board of supervisors to govern
similar election by other members of the retire-
ment system, including the character and amount
of such other benefits.

A8.547 RETIREMENT FOR INCAPACITY

Any member of the police department who
becomes incapacitated for the performance of his
duty by reason of bodily injury received in, or
illness caused by performance of his duty, shall
be retired. If he is not qualified for service
retirement, he shall receive a retirement allow-
ance in an amount which shall be equal to the
same percentage of the final compensation of
said member, as defined in Section 8.545, as his
percentage of disability is determined to be. The
percentage of disability shall be as determined
by the Workers' Compensation Appeals Board of
the State of California upon referral from the
retirement board for that purpose; provided that
the retirement board may, by five affirmative
votes, adjust the percentage of disability as de-
termined by said appeals board; and provided,
further, that such retirement allowance shall be

in an amount not less than 50 percent nor more
than 90 percent of the final compensation of said
member, as defined in Section 8.545. Said allow-
ance shall be paid to him until the date upon
which said member would have qualified for
service retirement had he lived and rendered
service without interruption in the rank held by
him at retirement, and after said date the allow-
ance payable shall be equal to the retirement
allowance said member would have received if
retired for service on said date, based on the final
compensation as defined in Section 8.545 he
would have received immediately prior to said
date had he lived and rendered service as as-
sumed, but such allowance shall not be less than
50 percent of such final compensation. If at the
time of retirement because of disability, he is
qualified as to age and service for retirement
under Section 8.546, he shall receive an allow-
ance equal to the retirement allowance which he
would receive if retired under Section 8.546 but
not less than 55 percent of said final compensa-
tion. Any member of the police department who
becomes incapacitated for the performance of his
duty, by reason of a cause not included under the
provisions of the immediately preceding sen-
tences, and who shall have completed at least 10
years of service in the aggregate, computed as
provided in Section 8.554 shall be retired upon
an allowance of one and one-half percent of the
final compensation of said member, as defined in
Section 8.545, for each year of service provided
that said allowance shall not be less than SSVa
percent of said final compensation; provided,
however, that if such member has completed at
least 25 years of service in the aggregate, com-
puted as provided in Section 8.554, but has not
yet attained the age of 50 years, he shall receive
an allowance equal to the retirement allowance
he would have received if he had attained the age
of 50 years and retired under Section 8.546 as of
the date of retirement for such incapacity. The
question of retiring a member under this section
may be brought before the retirement board on
said board's own motion, by recommendation of
the police commission, or by said member of his
guardian. If his disability shall cease, his retire-

421

Appendix A: Employment Provisions

A8.549

ment allowance shall cease, and he shall be
restored to the service in the rank he occupied at
the time of his retirement.

A8.548 DEATH ALLOWANCE

If a member of the police department shall
die before or after retirement by reason of an
injury received in, or illness caused by the per-
formance of his duty, a death allowance, in lieu of
any allowance payable under any other section of
the charter or by ordinance, on account of death
resulting from injury received in or illness caused
by the performance of duty, shall be paid, begin-
ning on the date next following the date of death,
to his surviving wife, throughout her life or until
her remarriage. If the member, at the time of
death, was qualified for service retirement, but
had not retired, the allowance payable shall be
equal to the retirement allowance which the
member would have received if he had been
retired for service on day of death, but such
allowance shall not be less than 55 percent of the
final compensation earnable by said member
immediately preceding death. If death occurs
prior to qualification for service retirement the
allowance payable shall be equal to the final
compensation of said member at the date of
death, until the date upon which said member
would have qualified for service retirement, had
he lived and rendered service without interrup-
tion in the rank held by him at death, and after
said date the allowance payable shall be equal to
the retirement allowance said member would
have received if retired for service on said date,
based on the final compensation he would have
received immediately prior to said date, had he
lived and rendered service as assumed, but such
allowance shall not be less than 55 percent of
such final compensation. If he had retired prior
to death for service or for disability resulting
from injury received in, or illness caused by the
performance of duty, the allowance payable shall
be equal to the retirement allowance of the
member, except that if he was a member under
Section 8.544 and retirement was for such dis-
ability, and if death occurred prior to qualifica-
tion for the service retirement allowance, the
allowance continued shall be reduced upon the

date at which said nlember would have qualified
for service retirement, in the same manner as it
would have been reduced had the member not
died. If there be no surviving wife entitled to an
allowance hereunder, or if she die or remarry
before every child of such deceased member
attains the age of 18 years, then the allowance
which the surviving wife would have received
had she lived and not remarried shall be paid to
his child or children under said age, collectively,
to continue until every such child dies or attains
said age, provided that no child shall receive any
allowance after manying or attaining the age of
18 years. Should said member leave no surviving
wife and no children under the age of 18 years,
but leave a parent or parents depending upon
him for support, the parents so dependent shall
collectively receive a monthly allowance equal to
that which a surviving widow otherwise would
have received, during such dependency No al-
lowance, however, shall be paid under this sec-
tion to a surviving wife following the death of a
member unless she was married to the member
prior to the date of the injury or onset of the
illness which results in death.

A8.549 PAYMENT OF SURVIVING
DEPENDENTS

Upon the death of a member of the police
department resulting from any cause, other than
injury received in or illness caused by perfor-
mance of duty:

(a) if his death occurred after qualification
for service retirement under Sections 8.540, 8.543
or 8.546, or after retirement for service or be-
cause of disability which resulted from any cause
other than any injury received in, or illness
caused by the performance of duty, three-fourths
of his retirement allowance to which he would
have been entitled if he had retired for service at
the time of his death or three-fourths of his
retirement allowance as it was at his death, as
the case may be, shall be continued throughout
life or until remarriage, to his surviving wife; or

(b) if his death occurred after the comple-
tion of at least 25 years of service in the aggre-
gate but prior to the attainment of age 50 years,
three-fourths of the retirement allowance to which

A8.549

San Francisco - Charter

422

he would have been entitled under section 8.546
if he had attained the age of 50 years on the date
of his death shall be continued throughout life or
until remarriage to his surviving wife; or

(c) if his death occurred after retirement
because of disability which resulted from injury
received in, or illness caused by the performance
of duty, his retirement allowance as it was at his
death shall be continued throughout life or until
remarriage, to his surviving wife, except that, if
death occurred prior to qualification for service
retirement allowance, the allowance continued
shall be adjusted upon the date at which said
member would have qualified for service retire-
ment, in the same manner as it would have been
adjusted had the member not died; or

(d) if his death occurred after completion of
at least 10 years of service in the aggregate,
computed as provided in Section 8.554, an allow-
ance in an amount equal to the retirement allow-
ance to which the member would have been
entitled pursuant to Section 8.547 if he had
retired on the date of death because of incapacity
for performance of duty resulting from a cause
other than bodily injury received in or illness
caused by performance of duty shall be paid
throughout life or until remarriage to his surviv-
ing wife. If there be no surviving wife entitled to
an allowance hereunder, or if she die or remarry
before every child of such deceased member
attains the age of 18 years, then the allowance
which the surviving wife would have received
had she lived and not remarried shall be paid to
his child or children under said age, collectively,
to continue until every such child dies or attains
said age, provided that no child shall receive any
allowance after marrying or attaining the age of
18 years. Should said member leave no surviving
wife and no children under the age of eighteen
years, but leave a child or children, regardless of
age, dependent upon him for support because
partially or totally disabled and unable to earn a
livelihood or a parent or parent dependent upon
him for support, the child or children and the
parents so dependent shall collectively receive a
monthly allowance equal to that which a surviv-
ing wife otherwise would have received, during
such dependency. No allowance, however, shall

be paid under this section to a surviving wife
unless she was married to the member prior to
the date of the injury or the onset of the illness
which results in death, if he had not retired, or
unless she was married to the member at least
one year prior his death.

As used in this section and Section 8.548,
"surviving wife" shall mean and include a sur-
viving spouse, and shall also mean and include a
spouse who has remarried since the death of the
member but whose remarriage has been termi-
nated by death, divorce or annulment within five
years after the date of such remarriage and who
has not thereafter again remarried.

The surviving wife, in the event of death of
the member after qualification for but before
service retirement, may elect before the first
payment of the allowance, to receive the benefit
provided in Section 8.552 in lieu of the allowance
which otherwise would be continued to her un-
der this section. If there be no surviving wife, the
guardian of the eligible child or children may
make such election, and if there be no such
children, the dependent parent or parents may
make such election. Persons heretofore or here-
after retired under other charter sections as
members of the police department at the time of
retirement, shall be subject to the provisions of
this section. With respect to members under
Section 8.544, "qualified for service retirement,"
"qualification for service retirement," or "quali-
fied as to age and service retirement," as used in
this section and other sections to which persons
who are members under Section 8.544 are sub-
ject, shall mean completion of 25 years of service
and attainment of age 50, said service to be
computed under Section 8.554.

The amendments of this Section 8.549 con-
tained in the proposition herefor submitted to
the electorate on November 7, 1972, are hereby
declared to be retroactive and shall be applicable
to members who died after October 1, 1970.

A8.550 ADJUSTMENT OF ALLOWANCES

(a) Every allowance based on the average
monthly compensation earnable by the member
during the three or 10 years prior to retirement

423

Appendix A: Employment Provisions

A8.550

or death, and payable for time commencing on
April 1, 1952, to or on account of persons who
were retired or who died prior to January 1,
1951, as members of the police department, shall
be adjusted to the amount it would be if it had
been based on the monthly compensation fixed in
Section 35.5 of the charter of 1932 as amended as
of July 1, 1951, for the rank of police officer in the
respective years of service, regardless of the rank
or position the member held in the department
prior to his retirement, or death before retire-
ment. Every service retirement allowance under
Section 8.543 which is included in the sentence
next preceding, shall be adjusted to what it
would have been, if prior to optional modifica-
tion, the allowance had been 50 percent of said
monthly compensation. Allowances payable un-
der Sections 8.547, 8.548 or 8.561 to or on
account of persons who were retired for disabil-
ity or died prior to January 1, 1951, on and after
the date such persons would have qualified for
service retirement, shall be calculated as pro-
vided in said Sections 8.547, 8.548, or 8.561,
respectively. The provisions of Section 8.549 with
respect to continuance of one-half of retirement
allowance upon deaths after retirement, shall be
applied fi'om April 1, 1952, as if they were
effective on November 2, 1948. This section does
not authorize any decrease in any allowance
from the amount being paid as of April 1, 1952,
nor does this section give any retired member, or
any beneficiary of such member, or his succes-
sors in interest, any claim against the City and
County for any increase in any allowance paid or
payable for the time prior to April 1, 1952.
Adjustment in reserves vmder allowances which
are changed according to this section, shall be
made on the basis of current interest rate and
mortality tables.

The increase in the retirement allowance
shall be apportioned according to services ren-
dered by the member in the same manner that
the allowance prior to increase was apportioned.
Contributions to the retirement system, neces-
sary for the payment of the increase of the
portion of the retirement allowances which is
paid from reserves held by the retirement sys-
tem, shall be provided from the reserves held by

the retirement system on account of members
under Section 8.544, the necessary amount being
transferred upon April 1, 1952, from said re-
serves to the reserves held by the retirement
system to meet the obligations on account of
benefits that have been granted and on account
of prior service of members. The contribution
being required of the City and County currently,
as a percentage of salaries of persons who are
members under Section 8.544, shall be increased
to a percentage determined by the actuary as
necessary to replace the reserves so transferred.
Contributions to the retirement system neces-
sary for the payment of said increases with
reference to current and prior service portions of
the allowances which are not paid from reserves
held by the retirement system, shall be paid to
the system by the City and County by annual
appropriations, provided that such appropria-
tion for any year shall not be less than the
amount disbursed during that year on account of
said increases.

(b) Every retirement or death allowance
payable for time commencing on April 1, 1956, to
or on account of any person who died or was
retired prior to November 8, 1955, as a member
of the police department, unless such person was
retired or died as a member of the retirement
system or the former police relief and pension
fund, under any section of the charter, other than
Section 8.543, or 8.544, is hereby increased by
the amount of $25 per month; provided, however,
that such increased retirement allowance or death
allowance shall not exceed 50 percent of the
compensation as of July 1, 1954, attached to the
rank of police officer in the fourth year of service
as set forth under Section 35.5 of the charter of
1932, as amended regardless of the rank or
position the member held in the department
prior to his retirement or death before retire-
ment.

Such increase shall not be modified under,
nor subject to. Option 2 or 3 provided by ordi-
nance. Allowances payable under Sections 8.547,
8.548, or 8.561, to or on account of persons who
were retired for disability or died prior to Novem-
ber 8, 1955, on and after the date such persons

A8.550

San Francisco - Charter

424

would have qualified for service retirement, shall
be calculated as provided in said Sections 8.547,
8,548, or 8.561, respectively.

This section does not authorize any decrease
in any allowance from the amount being paid as
of April 1, 1965, nor does this section give any
member who retired, or the beneficiary of any
member who died prior to April 1, 1956, or his
successors in interest, any claim against the City
and County for any increase in retirement allow-
ance paid or payable for time prior to April 1,
1956.

The increase in allowance shall be appor-
tioned between service rendered prior to the
entry of the member into the retirement system
under Section 8.543 or 8.544, and service ren-
dered as such a member, in the same proportion
that such prior and current service respectively,
bears to the total service credited at retirement.
Contributions to the retirement system neces-
sary for the increases in the allowances provided
in this section, shall be provided, with respect to
the portion of the benefit based on service ren-
dered as members under Section 8.543 or 8.544
from the reserves held by the retirement system
on account of members of the retirement system
under Section 8.544, the necessary amount being
transferred upon April 1, 1956, from said re-
serves to the reserves held by the retirement
system to meet the obligations on account of
allowances which are increased by this Subsec-
tion 8.550(b). The contribution being required of
the City and County currently, as percentages of
salaries of persons who are members under Sec-
tion 8.543 or 8.544, shall be paid to the system by
the City and County by annual appropriations,
provided that such appropriation for any year
shall not be less than the amount disbursed
during that year on account of said increases.

A8.551 ADJUSTMENT OF ALLOWANCES
BECAUSE OF COMPENSATION
BENEFITS

That portion of any allowance payable be-
cause of the death or retirement of any member
of the police department, which is provided by
contributions of the City and County, shall be
reduced in the manner fixed by the board of

supervisors, by the amount of any benefits, other
than medical benefits, payable to or on account
of such person, under the Workers' Compensa-
tion Insurance and Safety Law of the State of
California and because of the injury or illness
resulting in said death or retirement. Such por-
tion which is paid because of death or retirement
which resulted from injury received in or illness
caused by performance of duty, shall be consid-
ered as in lieu of any benefits, other than medical
benefits, payable to or on account of such persons
under the said law of the State of California, and
shall be in satisfaction and discharge of the
obligation of the City and County to pay such
benefits.

A8.552 DEATH BENEFITS

If a member of the police department shall
die, before retirement, from causes other than an
injury received in, or illness caused by the per-
formance of duty, or regardless of cause, if no
allowance shall be payable under Sections 8.548
or 8.549 preceding, a death benefit shall be paid
to his estate or designated beneficiary, the amount
of which and the conditions for the pa3nnent of
which shall be determined in the manner pre-
scribed by the board of supervisors for the death
benefit of other members of the retirement sys-
tem. Upon the death of a member after retire-
ment and regardless of the cause of death, a
death benefit shall be paid to his estate or
designated beneficiary, the amount of which and
the conditions for payment of which shall be
determined in the manner prescribed by the
board of supervisors for the payment of a similar
benefit upon the death of other retired members.

A8.553 REFUNDS AND REDEPOSITS

425

Appendix A: Employment Provisions

A8.555

ment, he shall redeposit in the retirement fund
the amount refunded to him. Contributions with
interest, which are credited because of service
rendered in any other office or department and
which will not be counted under Section 8.554 to
any person who becomes a member of the retire-
ment system under Section 8.544, shall be re-
funded to him forthwith. Should a member of the
police department become an employee of any
other office or department, his accumulated con-
tribution account shall be adjusted by payments
to or from him as the case may be, to make the
accumulated contributions credited to him at the
time of change, equal to the amount which would
have been credited to him if he had been em-
ployed in said other office or department at the
rate of compensation received by him in the
police department, and he shall receive credit for
service for which said contributions were made,
according to the charter section under which his
membership in the retirement system continues.

date of refund to date of redeposit, at times and
in the manner fixed by the retirement board; and
solely for the purpose of determining qualifica-
tion for retirement under Section 8.547 for dis-
ability not resulting from injury received in, or
illness caused by performance of duty, time dur-
ing which said member serves, after June 30,
1949, and receives compensation because of ser-
vices rendered in other offices and departments,
(d) Time during which said member is ab-
sent from a status included in paragraphs (a),
(b), or (c) next preceding, by reason of service in
the armed forces of the United States of America,
or by reason of any other service included in
Section 8.520 of the charter, during any war in
which the United States was or shall be engaged
or during other national emergency, and for
which said member contributed or contributes to
the retirement system or for which the City and
County contributed ; or contributes on his ac-
count.

A8.554 COMPUTATION OF SERVICE

The following time shall be included in the
computation of the service to be credited to a
member of the police department for the pur-
poses of determining whether such member quali-
fied for retirement, and calculating benefits, ex-
cluding, however, any time the contributions for
which were withdrawn by said member upon
termination of his service while he was a mem-
ber under any other charter section, and not
redeposited upon re-entry into service:

(a) Time during and for which said member
is entitled to receive compensation because of
services as a member of the fire or police depart-
ment.

(b) Time during which said member served
and received compensation as a jail matron in
the office of the sheriff.

(c) Time during which said member is en-
titled to receive compensation while a member of
the retirement system, because of service ren-
dered in other offices and departments before
July 1, 1949, provided that accumulated contri-
butions on account of such service, previously
refunded, are redeposited, with interest from

A8.555 SOURCES OF FUNDS

All payments provided for persons who are
members under Section 8.544 shall be made
from funds derived from the following sources,
plus interest earned on said funds:

(a) The normal rate of contribution of each
member shall be based on his age taken to the
next lower complete quarter year, (1) at the date
he became a member under Section 8.507 or
8.543, in the case of persons who are members
under these sections, or (2) at July 1, 1945, in the
case of persons who are members under Section
8.540, and his age: taken to the next lower
completed quarter year, when he entered the
police department, or (3) on his age at the date
he becomes a member under Section 8.544, in
the case of persons who become members on or
after July 1, 1945, without credit for services
counted under Section 8.554. The age of entrance
into the police department shall be determined
by deducting the member's service credited un-
der Section 8.554 as rendered prior to the date
upon which his age is based for determination of
the rate of contribution according to the sentence
next preceding, from said age. The normal rate of
contribution of each such member, to be effective

A8.555

San Francisco - Charter

426

from the effective date of membership under
Section 8.544, shall be such as, on the average
for such member, will provide, assuming service
without interruption, under Section 8.546, one-
third of that portion of the service retirement
allowance to which he would be entitled, without
continuance to dependents, upon first qualifying
as to age and service, for retirement under that
section, without discount of allowance, which is
based on service rendered after the date upon
which his age is based for determination of his
rate of contribution according to the first sen-
tence in this paragraph, and assuming the con-
tribution to be made from that date. The normal
rate of contribution, however, shall not exceed
six percent.

(b) The dependent rate of contribution of
each member which shall be required of each
member throughout his membership in addition
to the normal contributions, and in the same
manner as normal contributions, shall be such
as, on the average for such member, will provide,
assuming service without interruption under Sec-
tion 8.546, and upon his first qualifying as to age
and service for retirement under that section,
one-third of the portion of his allowance, which is
to be continued under Section 8.549, after his
death and throughout the life of a surviving wife
whose age at said death is three years less than
the age of said member. If, at the date of retire-
ment for service or retirement for disability
resulting from injury received in performance of
duty, said member has no wife who would qualify
for the continuance of the allowance to her after
the death of said member, or upon retirement
from disability resulting from other causes re-
gardless of his marital condition, the dependent
contributions with accumulated interest thereon,
shall be paid to him forthwith. The dependent
rate of contribution, however, shall not exceed
the difference between six percent and the
member's normal rate of contribution, and said
dependent rate may be taken as a flat percent-
age of the member's normal rate, regardless of
the age of qualification for service retirement.

(c) There shall be deducted from each pay-
ment of compensation made to a member under
Section 8.544, a sum determined by appl5dng the

member's rates of contribution to such compen-
sation pajmient. The sum so deducted shall be
paid forthwith to the retirement system. Said
contribution shall be credited to the individual
account of the member from whose salary it was
deducted, and the total of said contributions,
together with interest credited thereon in the
same manner as is prescribed by the board of
supervisors for crediting interest to contribu-
tions of other members of the retirement system,
shall be applied to provide part of the retirement
allowance granted to, or allowance granted on
account of said members or shall be paid to said
member or his estate or beneficiary as provided
in Sections 8.552, 8.553, and 8.554.

(d) Contributions based on time included in
Subsections (a), (b), (c), and (d) of Section 8.554
and deducted prior to July 1, 1945, from compen-
sation of persons who become members under
Section 8.544, and standing with interest thereon,
to the credit of such members on the records of
the retirement system on said date, shall con-
tinue to be credited to the individual accounts of
said members and shall be combined with and
administered in the same manner as the contri-
butions deducted after said date.

(e) The total contributions, with interest
thereon, made by or charged against the City
and County and standing to its credit, in the
accounts of the retirement system, on account of
persons who become members under Section
8.544, shall be applied to provide the benefits
under said section.

427

Appendix A: Employment Provisions

County to provide the portion of the benefits
hereunder which shall be based on service ren-
dered by respective members on and after the
date stated in the next preceding sentence, shall
be made in annual installments, and the install-
ment to be paid in any year shall be determined
by the application of a percentage to the total
compensation paid during said year, to persons
who are members under Section 8.544, said
percentage to be the ratio of the value on July 1,
1945, or at the late date of a periodical actuarial
valuation and investigation into the experience
under the system of the benefits thereafter to be
paid under this section, from contributions of the
City and County, less the amount of such contri-
butions, and plus accumulated interest thereon,
then held by said system to provide said benefits
on account of service rendered by respective
members after the date stated in the sentence
next preceding, to the value at said respective
dates of salaries thereafter payable to said mem-
bers. Said values shall be determined by the
actuary, who shall take into account the interest
which shall be earned on said contributions, the
compensation experience of members, and the
probabilities of separation by all causes, of mem-
bers from service before retirement and of death
after retirement. Said percentage shall be changed
only on the basis of said periodical actuarial
valuation and investigation into the experience
under the system. Said actuarial valuation shall
be made every even-numbered year and said
investigation into the experience under the sys-
tem shall be made every odd-numbered year.

(g) To promote the stability of the retire-
ment system through a joint participation in the
result of variations in the experience under mor-
tality, investment and other contingencies, the
contributions of both members and the City and
County held by the system to provide the ben-
efits under this section, shall be a part of the
fund in which all other assets of said system are
included. Nothing in this section shall affect the
obligation of the City and County to pay to the
retirement system any amounts which may or
shall become due under the provisions of the
charter prior to July 1, 1945, and which are

represented on July
said system by debits

A8.558

1, 1945, in the accounts of
against the City and County.

A8.556 RIGHT TO RETIRE

Upon the completion of the years of service
set forth in Section 8.546 as requisite to retire-
ment, a member of the police department shall
be entitled to retire at any time thereafter in
accordance with the provisions of said Section
8.546, and nothing shall deprive said member of
said right.

A8.557 LIMITATION ON EMPLOYMENT
DURING RETIREMENT

No person retired as a member under Section
8.544 after June 30, 1945, for service or disabil-
ity and entitled to receive a retirement allowance
under the retirement system shall serve in any
elective or appointive position in the City and
County service, including membership on boards
and commissions, nor shall such person receive
any payment for service rendered to the City and
County after retirement, provided that service as
an election officer or juror shall not be affected by
this section.

A8.558 DEFINITION OF "FINAL
COMPENSATION'— ALLOWANCES FIRST
PAYABLE PRIOR TO JULY 1, 1975

Notwithstanding any other provision of this
charter, but solely with respect to the determi-
nation of the amount of each retirement allow-
ance payable to or on account of a person who
retired for service or because of disability under
the provisions of Section 8.544 of the charter
prior to July 1, 1975, "final compensation," for
time commencing on July 1, 1975, shall mean
the rate of remuneration (excluding remunera-
tion for overtime) attached on July 1, 1975, to the
rank or position upon which such person's retire-
ment allowance was determined when first effec-
tive; provided, further, that each such allowance
shall be increased or decreased as of July 1,
1990, and thereafter on the effective date of any
legislation fixing the rates of compensation for
police officers under section 8.405 of this charter
by an amount equal to 50 percent of the rate of

A8.558

San Francisco - Charter

428

change in the salary attached to said rank mul-
tiphed by the allowance which was payable for
the month immediately preceding each July 1.

This section does not give any person retired
under the provisions of said Section 8.544, or his
successors in interest, any claim against the City
and County for any increase in any retirement
allowance paid or payable for time prior to July
1, 1975.

This section does not authorize any decrease
in the amount of any allowance from the amount
being paid as of June 30, 1975.

No retirement allowance to which the defini-
tion of "final compensation" as set forth in this
section is applicable shall be subject to adjust-
ment under the provisions of Section 8.526 for
time commencing July 1, 1975. Contributions,
with interest credited thereon, standing to the
credit of a person whose retirement allowance is
subject to the provisions of this section and
which were made by such person pursuant to the
provisions of Section 8.526 shall, effective July 1,
1975, be combined with any administered in the
same manner as such person's normal contribu-
tions. Contributions, with interest credited
thereon, made by or charged against the City
and County and standing to its credit on account
of a person whose retirement allowance is sub-
ject to the provisions of this section and which
were made by or charged against the City and
County for the purposes of said Section 8.526
shall be applied to provide the benefits under
this section.

A8.559 MEMBERS OF THE POLICE
DEPARTMENT ON AND AFTER JULY 1,
1975

Notwithstanding the provisions of Section
8.544 of this charter, members of the police
department, as defined in Section 8.559-1, who
are members of the retirement system under
Section 8.554 on the effective date of this section
and persons who become members of the retire-
ment system under Section 8.544 after said
effective date and prior to July 1, 1975, shall
have the option, to be exercised in writing on a
form furnished by the retirement system and to

be filed at the office of said system not later than
June 30, 1975, of being members of the system
under this section instead of said Section 8.544,
the election pursuant to said option to be effec-
tive as of July 1, 1975; provided that such of said
members who, during the period from the effec-
tive date of this section through June 30, 1975,
are absent by reason of service in the armed
forces of the United States or by reason of any
other service included in Section 8.520(a) of this
charter shall have the same option of electing to
be members under this section instead of Section
8.544, until 90 days after their return to service
in the police department.

Those persons who become members of the
police department, as defined in Section 8.559-1,
on or after July 1, 1975, and those persons who
elect to be members under this section as pro-
vided in the preceding paragraph, shall be mem-
bers of the system subject to provisions of Sec-
tions 8.559, 8.559-1, 8.559-2, 8.559-3, 8.559-4,
8.559-5, 8.559-6, 8.559-7, 8.559-8, 8.559-9, 8.559-
10, 8.559-11, 8.559-12 and 8.559-13 (which shall
apply only to members under Section 8.559) in
addition to the provisions contained in Sections
3.670 to 3.672, both inclusive, and Sections 8.500,
8.510 and 8.520 of this charter, notwithstanding
the provisions of any other section of this char-
ter, and shall not be subject to any of the provi-
sions of Section 8.544 of this charter.

A8.559-1 DEFINITIONS

The following words and phrases as used in
this section. Section 8.559 and Sections 8.559-2
through 8.559-13, unless a different meaning is
plainly required by the context, shall have the
following meanings:

"Retirement allowance," "death allowance" or
"allowance," shall mean equal monthly pay-
ments, beginning to accrue upon the date of
retirement, or upon the day following the date of
death, as the case may be, and continuing for life
unless a different term of payment is definitely
provided by the context.

"Compensation," as distinguished from ben-
efits under the Workers' Compensation Insur-
ance and Safety Act of the State of California,

429

Appendix A: Employment Provisions

A8.559-1

shall mean the remuneration payable in cash, by
the City and County, without deduction except
for absence from duty, for time during which the
individual receiving such remuneration is a mem-
ber of the police department, but excluding re-
muneration paid for overtime.

For retirement purposes, any increase in
compensation attached to a rank which is based
solely upon the possession of a POST certificate,
compared to the equivalent rank without a POST
certificate, shall be subject to the following limi-
tations:

(a) for possession of the intermediate POST
certificate, no more than 4% shall be included in
compensation,

(b) for possession of the advanced POST
certificate, no more than an additional 2% over
the maximum provided in subsection (a), above,
shall be included in compensation.

These limits shall apply to any pay incre-
ments which are solely attributable to the pos-
session of a POST certificate, including but not
limited to premiums or special ranks which may
be established in the future and which are solely
attributable to the possession of a POST certifi-
cate.

"Compensation eamable" shall mean the com-
pensation which would have been earned had
the member received compensation without in-
terruption throughout the period under consid-
eration and at the rates of remuneration at-
tached at that time to the ranks or positions held
by him or her during such period, it being as-
sumed that during any absence, he or she was in
the rank or position held by him or her at the
beginning of the absence, and that prior to be-
coming a member of the police department, he or
she was in the rank or position first held by him
or her in such department.

"Benefit" shall include "allowance," "retire-
ment allowance," "death allowance" and "death
benefit."

"Final compensation" shall mean the monthly
compensation earnable by a member at the time
of his or her retirement, or death before retire-
ment, as the case may be, at the rate of remu-
neration attached at that time to the rank or

position which said member held, provided that
said member has held said rank or position for at
least one year immediately prior to said retire-
ment or death; and provided, further, that if said
member has not held said rank or position for at
least one year immediately prior to said retire-
ment or death, "final compensation," as to such
member, shall mean the monthly compensation
earnable by such member in the rank or position
next lower to the rank or position which he or she
held at the time of retirement or death at the
rate of remuneration attached at the time of said
retirement or death to said next lower rank or
position; provided, however, that in the case of a
member's death before retirement as the result
of a violent traumatic injury received in the
performance of his or her duty, "final compensa-
tion," as to such member shall mean the monthly
compensation eamable by such member at the
rate of remuneration attached on the date he
receives such injury to the rank or position held
by such member on that date.

For purposes of calculation of final compen-
sation, any increase in pay solely attributable to
possession of a POST certificate shall be in-
cluded only if the member possesses the qualify-
ing POST certificate for a period of not less than
four (4) years prior to his or her retirement date;
provided, however, that should a member pos-
sess the qualifying POST certificate for a period
of time less than four (4) years prior to retire-
ment, final compensation shall be calculated
based upon the monthly compensation in the
next lower rank not requiring possession of the
qualifying POST certificate.

For the purpose of Sections 8.559 through
8.559-13, the terms "member of the police depart-
ment," "member of the department," or "mem-
ber" shall mean any officer or employee of the
police department, excluding such officers and
employees as are members of the retirement
system under Section 8.565 or Section 8.568 of
the charter, who was or shall be subject to the
charter provisions governing entrance require-
ments of members of the uniformed force of said
department, and said terms further shall mean,
from the effective date of their employment in
said department, persons employed on July 1,

A8.559-1

San Francisco - Charter

430

1975, regardless of age, or employed after said
date at an age not greater than the maximmn
age then prescribed for entrance into employ-
ment in said uniformed force, to perform the
duties now performed under the titles of crimi-
nologist, photographer, police patrol driver, po-
lice motor boat operator, woman protective of-
ficer, police woman or jail matron.

Any police service performed by such mem-
bers of the police department outside the limits
of the City and County and under orders of a
superior officer or any such member, shall be
considered as City and County service, and any
disability or death incurred therein shall be
covered under the provisions of the retirement
system.

"Retirement system" or "system" shall mean
San Francisco City and County Employees' Re-
tirement System as created in Section 8.500 of
the charter.

"Retirement board" shall mean "retirement
board" as created in Section 3.670 of the charter.

"Charter" shall mean the charter of the City
and County of San Francisco.

Words used in the masculine gender shall
include the feminine and neuter gender, and
singular numbers shall include the plural and
the plural the singular.

"Interest" shall mean interest at the rate
adopted by the retirement board. (Amended No-
vember 1998)

A8.559-2 SERVICE RETIREMENT

Any member of the police department who
completes at least twenty-five (25) service in the
aggregate and attains the age of fifty (50) years,
said service to be computed under Section 8.559-
10, may retire for service at his or her option. A
member retired after meeting the service and
age requirements in the sentence next preced-
ing, shall receive a retirement allowance equal to
fifty-five (55) percent of the final compensation of
said member, as defined in Section 8.559-1, plus
an allowance at the rate of four percent of said
final compensation for each year of service ren-
dered in excess of twenty-five (25) years; pro-
vided, however, that such retirement allowance

shall not exceed seventy-five (75) percent of said
member's final compensation. A member retired
after attaining the age of sixty-five (65) years,
but before completing twenty-five (25) years of
service in the aggregate computed under Section
8.559-10, shall receive a retirement allowance
which bears the same ratio to fifty (50) percent of
the final compensation of said member, as de-
fined in Section 8.559-1, as the service with
which he or she is entitled to be credited bears to
twenty-five (25) years. If, at the date of retire-
ment for service, or retirement for disability,
resulting from an injury received in the perfor-
mance of duty, said member has no spouse,
children or dependent parents, who would qualify
for the continuance of the allowance after the
death of said member, or with respect to the
portion of the allowance which would not be
continued regardless of dependents, or upon re-
tirement for disabihty resulting from other causes,
with respect to all of the allowance and regard-
less of dependents at retire:ment, a member
retired under this section or Section 8.559-3,
may elect before the first payment of the retire-
ment allowance is made, to receive the actuarial
equivalent of his or her allowance or the portion
which would not be continued regardless of de-
pendents, as the case may be, partly in a lesser
allowance to be received by him or her through-
out his or her life, and partly in other benefits
payable after his or her death to another person
or persons, provided that such election shall be
subject to all the conditions prescribed by the
board of supervisors to govern similar election by
other members of the retirement system, includ-
ing the character and amount of such other
benefits.

A8.559-3 RETIREMENT FOR
INCAPACITY

Any member of the police department who
becomes incapacitated for the performance of his
duty by reason of any bodily injury received in, or
illness caused by the performance of his duty,
shall be retired. If he is not qualified for service
retirement, he shall receive a retirement allow-
ance in an amount which shall be equal to the
same percentage of the final compensation of

431

Appendix A: Employment Provisions

A8.559-4

said member, as defined in Section 8.559-1, as
his percentage of disability is determined to be.
The percentage of disabihty shall be as deter-
mined by the Workers' Compensation Appeals
Board of the State of California upon referral
from the retirement board for that purpose;
provided that the retirement board may, by five
affirmative votes, adjust the percentage of dis-
ability as determined by said appeals board; and
provided, further, that such retirement allow-
ance shall be in an amount not less than 50
percent nor more than 90 percent of the final
compensation of said member, as defined in
Section 8.559-1. Said allowance shall be paid to
him until the date upon which said member
would have qualified for service retirement had
he lived and rendered service without interrup-
tion in the rank held by him at retirement, and
after said date the allowance payable shall be
equal to the retirement allowance said member
would have received if retired for service on said
date based on the final compensation, as defined
in Section 8.559-1, he would have received im-
mediately prior to said date, had he lived and
rendered service as assumed, but such allowance
shall not be less than 55 percent of such final
compensation.

If, at the time of retirement because of dis-
ability, he is qualified as to age and service for
retirement under Section 8.559-2, he shall re-
ceive an allowance equal to the retirement allow-
ance which he would receive if retired under
Section 8.559-2, but not less than 55 percent of
said final compensation. Any member of the
police department who becomes incapacitated
for performance of his duty, by reason of a cause
not included under the provisions of the imme-
diately preceding sentences, and who shall have
completed at least 10 years of service in the
aggregate, computed as provided in Section 8.559-
10, shall be retired upon an allowance of one and
one-half percent of the final compensation of said
member as defined in Section 8.559-1 for each
year of service, provided that said allowance
shall not be less than 33 Va percent of said final
compensation; provided, however, that if such
member has completed at least 25 years of ser-
vice in the aggregate, computed as provided in

Section 8.559-10, but has not yet attained the
age of 50 years, he shall receive an allowance
equal to the retirement allowance he would have
received if he had attained the age of 50 years
and retired under Section 8.559-2 as of the date
of retirement for such incapacity. The question of
retiring a member under this section may be
brought before the retirement board on said
board's own motion, by recommendation of the
police commission, or by said member or his
guardian. If his disability shall cease, his retire-
ment allowance shall cease, and he shall be
restored to the service in the rank he occupied at
the time of his retirement.

A8.559-4 DEATH ALLOWANCE

If a member of the police department shall
die before or after retirement by reason of an
injury received in, or illness caused by the per-
formance of his duty, a death allowance, in lieu of
any allowance payable under any other section of
the charter or by ordinance, on account of death
resulting from injury received in or illness caused
by the performance of duty, shall be paid, begin-
ning on the date next following the date of death,
to his surviving wife throughout her life or until
her remarriage. If the member, at the time of
death, was qualified for service retirement, but
had not retired, the allowance payable shall be
equal to the retirement allowance which the
member would have received if he had been
retired for service on the day of death, but such
allowance shall not be less than 55 percent of the
final compensation earnable by said member
immediately preceding death. If death occurs
prior to qualification for service retirement, the
allowance payable shall be equal to the final
compensation of said member at the date of
death, until the date upon which said member
would have qualified for service retirement, had
he lived and rendered service without interrup-
tion in the rank held by him at death, and after
said date the allowance payable shall be equal to
the retirement allowance said member would
have received if retired for service on said date,
based on the final compensation he would have
received immediately prior to said date, had he
lived and rendered service as assumed, but such

A8.559-4

San Francisco - Charter

432

allowance shall not be less than 55 percent of
such monthly final compensation. If he had re-
tired prior to death, for service or for disability
resulting from injury received in, or illness caused
by the performance of duty, the allowance pay-
able shall be equal to the retirement allowance of
the member, except that if he was a member
under Section 5.559 and retirement was for such
disability, and if death occurred prior to qualifi-
cation for the service retirement allowance, the
allowance continued shall be reduced upon the
date at which said member would have qualified
for service retirement, in the same manner as it
would have been reduced had the member not
died. If there be no surviving wife entitled to an
allowance hereunder, or if she dies or remarries
before every child of such deceased member
attains the age of 18 years, then the allowance
which the surviving wife would have received
had she lived and not remarried shall be paid to
his child or children under said age, collectively,
to continue until every such child dies or attains
said age, provided that no child shall receive any
allowance after marrying or attaining the age of
18 years. Should said member leave no surviving
wife and no children under the age of 18 years,
but leave a parent or parents dependent upon
him for support, the parents so dependent shall
collectively receive a monthly allowance equal to
that which a surviving widow otherwise would
have received, during such dependency. No al-
lowance, however, shall be paid under this sec-
tion to a surviving wife following the death of a
member unless she was married to the member
prior to the date of the injury or onset of the
illness which results in death.

A8.559-5 PAYMENT TO SURVIVING
DEPENDENTS

Upon the death of a member of the police
department resulting from any cause, other than
an injury received in, or illness caused by perfor-
mance of duty;

(a) if his death occurred after qualification
for service retirement, under Section 8.559-2, or
after retirement for service or because of disabil-
ity which resulted from any cause other than an
injury received in, or illness caused by perfor-

mance of duty, three-fourths of his retirement
allowance to which the member would have been
entitled if he had retired for service at the time of
death or three-fourths of the retirement allow-
ance as it was at his death, as the case may be,
shall be continued throughout life or until mar-
riage to his surviving wife; or

(b) if his death occurred after the comple-
tion of at least 25 years of service in the aggre-
gate but prior to the attainment of the age of 50
years, three-fourths of the retirement allowance
to which he would have been entitled under
Section 8.559-2 if he had attained the age of 50
years on the date of his death shall be continued
throughout life or until remarriage to his surviv-
ing wife; or

(c) if his death occurred after retirement for
disability by reason of injury received in, or
illness caused by performance of duty, his retire-
ment allowance as it was at his death shall be
continued throughout life or until remarriage, to
his surviving wife, except that, if death occurred
prior to qualification for service retirement al-
lowance, the allowance continued shall be ad-
justed upon the date of which said member
would have qualified for service retirement, in
the same manner as it would have been adjusted
had the member not died; or

(d) if his death occurred after completion of
at least 10 years of service in the aggregate,
computed as provided in Section 8.559-10, an
allowance in an amount equal to the retirement
allowance to which the member would have been
entitled pursuant to Section 8.559-3 if he had
retired on the date of death because of incapacity
for performance of duty resulting from a cause
other than bodily injury received in, or illness
caused by performance of duty shall be paid
throughout life or until remarriage to his surviv-
ing wife. If there be no surviving wife entitled to
an allowance hereunder, or if she dies or remar-
ries before every child of such deceased member
attains the age of 18 years, then the allowance
which the surviving wife would have received
had she lived and not remarried shall be paid to
his child or children under said age, collectively,
to continue until every such child dies or attains

433

Appendix A: Employment Provisions

A8.559-8

said age, provided that no child shall receive any
allowance after marrying or attaining the age of
18 years. Should said member leave no surviving
wife and no children under age of 18 years, but
leave a child or children, regardless of age,
dependent upon him for support because par-
tially or totally disabled and unable to earn a
livelihood or a parent or parents dependent upon
him for support, the child or children and the
parents so dependent shall collectively receive a
monthly allowance equal to that which a surviv-
ing wife otherwise would have received, during
such dependency. No allowance, however, shall
be paid under this section to a surviving wife
unless she was married to the member prior to
the date of the injiuy or onset of the illness which
results in death if he had not retired, or unless
she was married to the member at least one year
prior to his death if he had retired.

As used in this section and Section 8.559-4,
"surviving wife" shall mean and include a sur-
viving spouse, and shall also mean and include a
spouse who has remarried since the death of the
member, but whose remarriage has been termi-
nated by death, divorce or annulment within five
years after the date of such remarriage and who
has not thereafter again remarried.

The surviving wife, in the event of death of
the member after qualification for but before
service retirement, may elect before the first
pajnnent of the allowance, to receive the benefit
provided in Section 8.559-8, in lieu of the allow-
ance which otherwise would be continued to her
under this section. If there be no surviving wife,
the guardian of the eligible child or children may
make such election, and if there be no such
children, the dependent parent or parents may
make such election. "Qualified for service retire-
ment," "Qualification for service retirement" or
"Qualified as to age and service for retirement,"
as used in this section and other sections to
which persons who are members under Section
8.559 are subject, shall mean completion of 25
years of service and attainment of age 50, said
service to be computed under Section 8.559-10.

A8.559-6 AD JUSTMENT OF
ALLOWANCES

Every retirement or death allowance payable
to or on account of any member under Section

8.559 shall be increased or decreased as of July
1, 1990, and thereafter on the effective date of
any legislation fixing the rates of compensation
for police officers under section 8.405 of this
charter by an amount equal to 50 percent of any
increase or decrease, respectively, in the rate of
remuneration attached to the rank or position
upon which such retirement or death allowance
was based; provided, however, that no allowance
shall be reduced below the amount being re-
ceived by a member or his beneficiary on June
30, 1976, or on the date such member or benefi-
ciary began to receive the allowance, whichever
is later.

A8.559-7 ADJUSTMENT FOR
COMPENSATION PAYMENTS

That portion of any allowance payable be-
cause of the death or retirement of any member
of the police department which is provided by
contributions of the ■ City and County, shall be
reduced in the manner fixed by the board of
supervisors, by the amount of any benefits other
than medical benefits, payable by the City and
County to or on account of such person, under
any workers' compensation law or any other
general law and because of the injury or illness
resulting in said death or retirement. Such por-
tion which is paid because of death or retirement
which resulted from injury received in or illness
caused by performance of duty, shall be consid-
ered as in lieu of all benefits, other than medical
benefits, payable to or on account of such person
under such law and shall be in satisfaction and
discharge of the obligation of the City and County
to pay such benefits.

A8.559-8 DEATH BENEFIT

If a member of the police department shall
die, before retirement from causes other than an
injury received in or illness caused by the perfor-
mance of duty, or regardless of cause, if no
allowance shall be payable under Section 8.559-4
or 8.559-5 preceding, a death benefit shall be
paid to his estate or designated beneficiary, the
amount of which and the conditions for the
payment of which shall be determined in the
manner prescribed by the board of supervisors

A8.559-8

San Francisco - Charter

434

for the death benefit of other members of the
retirement system. Upon the death of a member
after retirement and regardless of the cause of
death, a death benefit shall be paid to his estate
or designated beneficiary the amount of which
and the conditions for the pajnnent of which
shall be determined in the manner prescribed by
the board of supervisors for the death benefit of
other members of the retirement system.

A8.559-9 REFUNDS AND REDEPOSITS

Should any member of the police department
cease to be employed as such a member, through
any cause other than death or retirement or
transfer to another office or department, all of
his or her contributions, with interest credited
thereon, shall be refunded to him or her subject
to the conditions prescribed by the board of
supervisors to govern similar terminations of
employment of other members of the retirement
system. If he or she shall again become a mem-
ber of the department, he or she shall redeposit
in the retirement fund, the amount refunded to
him or her. Should a member of the police
department become an employee of any other
office or department, his or her accumulated
contribution account shall be adjusted by pay-
ments to or from him or her as the case may be to
make the accumulated contributions credited to
him or her at the time of change, equal to the
amount which would have been credited to him
or her if he or she had been employed in said
other office or department at the rate of compen-
sation received by him or her in the police
department and he or she shall receive credit for
service for which said contributions were made,
according to the charter section under which his
or her membership in the retirement system
continues.

A8.559-10 COMPUTATION OF SERVICE

The following time shall be included in the
computation of the service to be credited to a
member of the police department for the pur-
poses of determining whether such member quali-
fied for retirement and calculating benefits, ex-
cluding, however, any time, the contributions for
which were withdrawn by said member upon

termination of his service while he was a mem-
ber under any other charter section, and not
redeposited upon reentry into service:

(a) Time during and for which said member
is entitled to receive compensation because of
services as a member of the fire or police depart-
ment.

(b) Time during which said member served
and received compensation as a jail matron in
the office of the sheriff.

(c) Time during which said member is en-
titled to receive compensation while a member of
the retirement system, because of service ren-
dered in other offices and departments prior to
July 1, 1949, provided that accumulated contri-
butions on account of such service previously
refunded, are redeposited, with interest from
date of refund to date of redeposit, at times and
in the manner fixed by the retirement board; and
solely for purpose of determining qualification
for retirement under Section 8.559-3 for disabil-
ity not resulting from injury received in, or
illness caused by performance of duty, time dur-
ing which said member serves, after July 1,
1949, and receives compensation because of ser-
vices rendered in other offices and departments.

(d) Time during which said member is ab-
sent from a status included in Subsections (a),
(b), or (c) next preceding, by reason of service in
the armed forces of the United States of America,
or by reason of any other service included in
Section 8.520 of the charter, during any war in
which the United States was or shall be engaged
or during other national emergency, and for
which said member contributed or contributes to
the retirement system or for which the City and
County contributed or contributes on his ac-
count.

A8.559-11 SOURCES OF FUNDS

All payments provided for members under
Section 8.559 shall be made from funds derived
from the following sources, plus interest earned
on said funds;

(a) The normal rate of contribution for each
member under Section 8.559 shall be based on
his age taken to the next lower complete quarter

435

Appendix A: Employment Provisions

A8.559-11

year, (1) at the date he became a member under
Section 8.544, in the case of persons who are
members under that section, or (2) on his age at
the date he becomes a member under Section
8.559 in the case of persons who become mem-
bers on or after July 1, 1973, without credit for
service counted under Section 8.559-10. The age
of entrance into the poHce department shall be
determined by deducting the member's service
credited under Section 8.559-10 as rendered prior
to the date upon which his age is based for
determination of his rate of contribution accord-
ing to the sentence next preceding, from said
age. The normal rate of contribution of each such
member, to be effective from the effective date of
membership under Section 8.559, shall be such
as, on the average for such member, will provide,
assuming service without interruption, under
Section 8.559-2, one-third of that portion of the
service retirement allowance to which he would
be entitled, without continuance to dependents,
upon first qualif3dng as to age and service for
retirement under that section, which is based on
service rendered after the date upon which his
age is based for determination of his rate of
contribution according to the first sentence in
this paragraph, and assuming the contribution
to be made from that date. The normal rate of
contribution, however, shall not exceed seven
percent.

(b) The dependent contributions of each
member under this section which shall be re-
quired of each member throughout his member-
ship in addition to the normal contributions, and
in the same manner as normal contributions,
shall be such as, on the average for such member,
will provide, assuming service without interrup-
tion under Section 8.559-2, and upon his first
qualifying as to age and service for retirement
under that section, one-third of the portion of his
allowance, which is to be continued under Sec-
tion 8.559-5 after his death and throughout the
life of a surviving wife whose age at said death is
three years less than the age of said member. If,
at the date of retirement for service or retire-
ment for disability resulting from injury received
in performance of duty, said member has no wife
who would qualify for the continuance of the

allowance to her after the death of said member,
or upon retirement for disability resulting from
other causes, regardless of his marital condi-
tions, the dependent contributions with accumu-
lated interest thereon, shall be paid to him
forthwith. The dependent rate of contribution,
however, shall not ex:ceed the difference between
seven percent and tlie member's normal rate of
contribution, and said dependent rate may be
taken as a flat perceintage of the member's nor-
mal rate, regardless of the age of qualification for

service retirement, i

(c) There shall be deducted from each pay-
ment of compensation made to a member under
this section, a sum determined by applying the
member's rates of contribution to such compen-
sation pajnnent. The sum so deducted shall be
paid forthwith to the retirement system. Said
contribution shall be credited to the individual
account of the member from whose salary it was
deducted, and the total of said contributions,
together with interest credited thereon in the
same manner as is prescribed by the board of
supervisors for crediting interest to contribu-
tions of other member of the retirement system,
shall be applied to provide part of the retirement
allowance granted to, or allowance granted on
account of said member, or shall be paid to said
member or his estate or beneficiary as provided
in Sections 8.559-8, 8.559-9 and 8.559-10.

(d) Contributions based on time included in
Subsections (a), (b) and (c) of Section 8.559-10,
and deducted prior to July 1, 1975, from compen-
sation of persons who become members under
Section 8.559, and standing with interest thereon,
to the credit of such members on the records of
the retirement system on said date, together
with contributions made by such members pur-
suant to the provisions of Section 8.526 and
standing with interest thereon to the credit of
such members on the records of the retirement
system on said date, shall continue to be credited
to the individual accounts of said members and
shall be combined with and administered in the
same manner as the; contributions deducted af-
ter said date.

A8.559-11

San Francisco - Charter

436

(e) The total contributions, with interest
thereon, made by or charged against the City
and County and standing to its credit, in the
accounts of the retirement system, on account of
persons who become members under Section
8.559, shall be applied to provide the benefits
under said Section 8.559.

(f) The City and County shall contribute to
the retirement system such amounts as may be
necessary, when added to the contributions re-
ferred to in the preceding paragraphs of this
Section 8.559-11 to provide the benefits payable
to members under Section 8.559. Such contribu-
tions of the City and County to provide the
portion of the benefits hereunder which shall be
based on service rendered by each member prior
to the date upon which his age is based for
determination of his rate of contribution in Sub-
section (a) of this Section 8.559-11, shall not be
less during any fiscal year than the amount of
such benefits paid during said year. Such contri-
butions of the City and County to provide the
portion of the benefits hereunder which shall be
based on service rendered by respective mem-
bers on and after the date stated in the next
preceding sentence, shall be made in annual
installments, and the installment to be paid in
any year shall be determined by the application
of a percentage to the total compensation paid
during said year, to persons who are members
under Section 8.559, said percentage to be the
ratio of the value on July 1, 1975, or at the later
date of a periodical actuarial valuation and in-
vestigation into the experience under the sys-
tem, of the benefits thereafter to be paid under
this section, from contributions of the City and
County, less the amount of such contributions,
and plus accumulated interest thereon, then
held by said systems to provide said benefits on
account of service rendered by respective mem-
bers after the date stated in the sentence next
preceding, to the value of said respective dates of
salaries thereafter payable to said members.
Said values shall be determined by the actuary,
who shall take into account the interest which
shall be earned on said contributions, the com-
pensation experience of members, and the prob-
abilities of separation by all causes, of members

from service before retirement and of death after
retirement. Said percentage shall be changed
only on the basis of said periodical actuarial
valuation and investigation into the experience
under the system. Said actuarial valuation shall
be made every even-numbered year and said
investigation into the experience under the sys-
tem shall be every odd-numbered year.

(g) To promote the stability of the retire-
ment system through a joint participation in the
result of variations in the experience under mor-
tality, investment and other contingencies the
contributions of both members and the City and
County held by the system to provide the ben-
efits under this section, shall be a part of the
fund in which all other assets of said system are
included. Nothing in this section shall affect the
obligations of the City and County to pay to the
retirement system any amounts which may or
shall become due under the provisions of the
charter prior to July 1, 1975, and which are
represented on said effective date, in the ac-
counts of said system by debits against the City
and County.

A8.559-12 RIGHT TO RETIRE

Upon the completion of the years of service
set forth in Section 8.559-2 as requisite to retire-
ment, a member of the police department shall
be entitled to retire at any time thereafter in
accordance with the provisions of said Section
8.559-2, and nothing shall deprive said member
of said right.

A8.559-13 LIMITATION IN
EMPLOYMENT DURING RETIREMENT

Except as otherwise provided in section 8.511
of this charter, no person retired as a member
under Section 8.559 for service or disability and
entitled to receive a retirement allowance under
the retirement system shall serve in any elective
or appointive position in the City and County
service, including membership on boards and
commissions, nor shall such person receive any
pajnnent for service rendered to the City and
County after retirement, provided that service as
an election officer or juror, or in the preparation
for, or the giving of, testimony as an expert

437

Appendix A: Employment Provisions

A8.559-14

witness for or on behalf of the City and County of
San Francisco before any court or legislative
body shall not be affected by this section.

A8.559-14 RIGHT TO TRANSFER

Notwithstanding any provisions of this char-
ter to the contrary, any person who, on or after
January 1, 1981, is a member of the Police
Department, and is a member of the Retirement
System under Charter Section 8.559, may be-
come a member of the Retirement System under
Charter Section 8.586 by filing in writing with
the Retirement System no later than December
31, 1981, an executed waiver of all benefits
which might inure to him under Charter Section
8.559. This waiver must be without right of
revocation and on a form furnished by the retire-
ment system. The Retirement Board may re-
quire that this waiver be executed by additional
persons before it becomes operative.

This transfer will be effective July 1, 1980.
Those persons so electing to become members
under Charter Section 8.586 shall receive service
credit under Charter Section 8.586 equal to their
service credit under Charter Section 8.559 as of
June 30, 1980.

Those persons so electing to become members
under Charter Section 8.586 shall not be subject
to any of those provisions of Charter Section
8.559asof July 1, 1980.

Notwithstanding the provisions of Charter
Section 8.526, the cost of living adjustment in
any given year prior to January 1, 2000 for those
persons electing this transfer to Charter Section
8.586 shall not exceed the provisions of Charter
Section 8.526 as they existed on July 1, 1980.

Those persons so electing to transfer mem-
bership from Charter Section 8.559 to Charter
Section 8.586 shall receive a monetary consider-
ation not to exceed $40,000 calculated at the rate
of $2,500 for each year of said service credit up to
ten years and then at the rate of $1000 for each
additional year of said service credit. This mon-
etary consideration shall be paid from said
member's contribution account including any
interest thereon. When said member's contribu-

tion account is depleted, the balance shall be
paid from the City and County contributions
held by the retirement system.

This consideration shall be payable January
1, 1982. Alternatively, an employee may elect to
receive payments according to a schedule estab-
lished by the Retirement Board.

Notwithstanding any other charter or ordi-
nance provisions, a member transferring pursu-
ant to this section shall be eligible to receive any
benefits payable because of an increase in ben-
efits approved by the voters for other members
under Charter Section 8.586, provided, however,
that said member repays with interest the mon-
etary consideration he or she received in making
this transfer, offset by the amount of said member's
own account in the Retirement System under
Charter Section 8.559. Interest on the repay-
ment amount shall be charged at the rate cred-
ited to member accounts from January 1, 1981
until repayment or effective date of retirement.
Members shall have the option of making said
repajrment either through a lump-sum payment,
payroll deduction or through an actuarial offset
against any benefits payable because of an in-
crease in benefits subsequent to July 1, 1980.

The amendments to this section contained in
the proposition submitted to the electorate on
November 2, 1999 shall apply only to active and
retired members on November 2, 1999 and con-
stitute a prospective increase in benefits to such
members subject to repajnnent in accordance
with the provisions of the preceding paragraph.
Upon repayment, retirees shall have their ben-
efits recalculated under Charter Section 8.586 as
in force at the date of their retirement. These
recalculated benefits shall be first payable on
and after November 2, 1999. No retired member
shall become eligible under said amendments for
any retroactive pajnnents. Notwithstanding the
preceding sentences, the provisions in Charter
Section 8.586-3 for recalculation on the date
upon which said member would have qualified
for service retirement ("QSR") shall use the pro-
visions of Charter Section 8.586 at QSR. (Amended
November 1999)

A8.559-15

San Francisco - Charter

438

A8.559-15 VESTING

Should any member of the poHce department
who is a member of the Retirement System
under charter section 8.559, with five years of
credited service, cease to be so employed, through
any cause other than death or retirement, he or
she shall have the right to elect, without right of
revocation and within 90 days after termination
of said service, to allow his or her accumulated
contributions including interest to remain in the
retirement fund and to receive a retirement
benefit calculated at termination, defined as that
proportion of the normal service retirement ben-
efit that his or her accrued service credit bears to
25 years, payable beginning at age 50.

Any member of the police department con-
victed of a crime involving moral turpitude com-
mitted in connection with his or her duties as a
member of the police department shall, upon
termination of his or her employment pursuant
to the provisions of this charter, forfeit all right
to any benefits under this section except refund
of his or her accumulated contributions.

Every retirement or death allowance payable
to or on account of any member under Section
8.559-15 shall be adjusted in accordance with the
provisions of Section 8.559-6 provided that if the
member's accrued service credit is less than 25
years the section 8.559-6 adjustment will be
multiplied by a fraction where the denominator
is 25 and the numerator is equal to the member's
accrued service credit at the date of termination.

A8.560 DEFINITION, MEMBERS OF
FIRE AND POLICE DEPARTMENT

For the purpose of the retirement system,
any officer or employee of the police or the fire
departments whose employment therein began
prior to January 1, 1900, or whose employment
therein began on or shall begin after that date
and was or shall be subject to a charter maxi-
mum age at the time of employment of not over
35 years, shall be considered to be a member of
the police department or the fire department,
respectively. Any fire or police service outside the
limits of the City and County performed by a
member of the retirement system and under

orders of a superior officer of any such member,
shall be considered as City and County service,
and any disability or death incurred therein
shall be covered under the provisions of the
retirement system.

A8.561 PENSION PROVISIONS-
DEPENDENT OF MEMBERS OF FIRE
AND POLICE DEPARTMENTS KILLED IN
LINE OF DUTY

If a member of the fire or police departments,
as defined in the charter for the purposes of the
retirement system, or a member of the salvage
corps in the fire department, or any person
employed by the City and County to perform
duties now performed under the titles of pilots of
fireboats, marine engineer of fireboats, or ma-
rine fireman of fireboats, all of whom are here-
inafter designated as members, shall die before
or after retirement as a result of an injury
received in, or illness caused by the performance
of his duty, a monthly allowance, in lieu of any
allowance payable under any other section of the
charter or by ordinance, shall be paid, beginning
on the date next following the date of death, to
his surviving wife throughout her life or until
her remarriage. If the member, at the time of
death, was qualified for service retirement, but
had not retired, the allowance payable shall be
equal to the retirement allowance which the
member would have received if he had been
retired for service on the day of death, but such
allowances shall not be less than one-half of the
average monthly compensation earnable by said
member during the three years immediately
preceding death, and if he had retired prior to
death, the allowance payable shall be equal to
the retirement allowance of the member. If death
occurs prior to qualification for service retire-
ment, the allowance payable shall be equal to the
compensation of said member at the date of
death, until the date upon which said member
would have qualified for service retirement, had
he lived and rendered service without interrup-
tion in the rank held by him at death, and after
said date the allowance payable shall be equal to
the retirement allowance said member would
have received if retired for service on said date,

439

Appendix A: Employment Provisions

A8.562

based on the average monthly compensation he
would have received during the three years im-
mediately prior to said date, had he lived and
rendered service as assumed, but such allowance
shall not be less than one-half of such average
monthly compensation. If there be no surviving
wife entitled to an allowance hereunder, of if she
die or remarry before every child of such de-
ceased member attains the age of 18 years, then
the allowance which the surviving wife would
have received had she lived and not remarried
shall be paid to his child or children under said
age, collectively, to continue until every such
child dies or attains said age, provided that no
child shall receive any allowance after manying
or attaining the age of 18 years. Should said
member leave no surviving wife and no children
under the age of 18 years, but leave a parent or
parents dependent upon him for support, the
parents so dependent shall collectively receive a
monthly allowance equal to that which a surviv-
ing widow otherwise would have received, dur-
ing such dependency. No allowance, however,
shall be paid under this subsection to a surviving
wife following the death of a member unless she
was married to the member prior to the date of
the injury or onset of the illness which result in
death.

Benefits provided under this section shall be
in lieu of all benefits payable under other sec-
tions of the charter upon death of such member
resulting from an injury received in, or illness
caused by the performance of duty, except the
five hundred dollar benefit payable upon death
after retirement.

Contributions to provide the allowance under
this section shall be made to the San Francisco
City and County Employees' Retirement System
by the City and County. The amount of the
contribution shall be determined and pajnnent to
the system shall be made in the same manner as
contributions are determined and paid which are
required for other benefits provided under the
retirement system for the respective groups of
members who are included under this section.

Notwithstanding any other provision of this
charter, any member of the salvage corps in the

fire department, or any person employed by the
City and County to perform duties now per-
formed under the titles of pilot of fire boats,
marine engineer of fire boats, or marine fireman
of fire boats, who becomes incapacitated for
performance of his duty by reason of any bodily
injury received in, or illness caused by, the per-
formance of his duty, shall receive the same
benefits as members of the fire department who
are members of the retirement system under
Section 8.567 of the charter.

A8.562 CREDIT FOR SERVICE IN
UNDERWRITERS' FIRE PATROL

Any person who is a member under Section
8.568 on February 1, 1970, and who was em-
ployed in the uniformed force of the Underwrit-
ers' Fire Patrol of San Francisco prior to becom-
ing such a member shall have the right to elect to
make contributions pursuant to this section and
to receive credit as service under the retirement
system for all or any part of the time he was so
employed.

Said election shall be made in writing on a
form provided by the retirement system and filed
with the retirement board within 90 days after
February 1, 1970.

Any such member who elects to make contri-
butions and receive such credit shall contribute
to the retirement fund an amount equal to the
sum of:

(a) contributions computed by applying the
rate of contribution applicable to him on the date
he elected to receive credit for such service to the
monthly compensation earnable by him on said
date multiplied by the number of months of such
service for which he has elected to receive credit;
and

(b) interest on the unpaid balance of said
contributions, commencing on the date of the
member's election to make such contributions, at
the rate of interest currently being used from
time to time under the retirement system.

Payment of the
this section shall be
installment payments

contributions required by

made in a lump sum or by

Installment payments shall

be made at times and in a manner fixed by the

A8.562

San Francisco - Charter

440

retirement board, provided that the period for
completion of such payments shall not extend
beyond the effective date of the member's retire-
ment.

Upon completion of payment of contributions
in the amount specified in this section, the mem-
ber shall be credited with service under the
retirement system in an amount equal to the
service for which he has elected to receive credit
pursuant to this section. The service with which
the member is so credited shall be credited as
current service.

A8.565 MEMBERS OF FIRE
DEPARTMENT ON JANUARY 8, 1932

Persons who are members of the fire depart-
ment on the eighth day of January, 1932, shall
become members of the retirement system on the
date, subject only to the following provisions, in
addition to the provisions contained in Sections
3.670-3.672, 8.500-8.502, 8.510, 8.511, 8.520, and
8.560 of this charter.

(a) Any member of the fire department who
shall have completed 25 years of continuous
service as a member of the fire department next
preceding the date of his retirement, or any
member of the fire department who shall have
reached the age of 55 years and shall have
completed 20 years of continuous service as a
member of the fire department next preceding
the date of his retirement, may retire fi'om
service at his option. Any member of the fire
department who shall become physically dis-
abled by reason of any bodily injury received in
the performance of his duty may be retired fi:om
service on satisfactory proof thereof. The retire-
ment board, by unanimous vote, may retire from
service any aged, disabled or infirm member of
the fire department who has arrived at the age of
60 years and who has completed 20 years of
continuous service as a member of the depart-
ment next preceding such age, who may be
ascertained to be, by reason of such age, infir-
mity or other disability, unfit for the perfor-
mance of his duties.

Such retired member shall receive a monthly
pension, payable throughout his life, equal to

one-half the amount of the salary attached to the
rank held by him three years prior to the date of
his retirement hereinafter referred to as "pen-
sion" in this and the following section; provided
that where such retirement is based on disability
alone, in case the disability of such member shall
cease, his pension shall cease, and he shall be
restored to service in the rank he occupied at the
time of his retirement. Should any said retired
member die leaving a widow, who shall have
been married to the decedent at least one year
prior to the date of his retirement, such widow
shall, as long as she may live and remain unmar-
ried, be paid said pension; provided, further, that
the widow of any said retired member who
married said member after the effective date of
his retirement and at least one year prior to his
death shall be paid pension for time after Decem-
ber 31, 1974, as long as she may live and remain
unmarried; provided, farther, that should widow
die leaving a child or children under the age of 16
years, said pension shall continue to be paid such
children collectively until the youngest child
arrives at the age of 16 years; and provided
further, that should said retired member die
leaving no widow but leaving an orphan child or
children under the age of 16 years, such child or
children collectively shall receive said pension
until the youngest child attains the age of 16
years.

(b) The family of any member of the fire
department who shall die as a result of any
injury received during the performance of his
duty, or from sickness clearly, unmistakably and
directly caused by and resulting from the dis-
charge of such duty, or while eligible for a pen-
sion on account of years of service in the depart-
ment, or who has served 20 consecutive years in
the department and attained the age of 55 years,
shall receive the following benefits.

First, should the decedent leave a widow to
whom he was married prior to the date of the
injury resulting in death, his widow shall, as
long as she may live and remain unmarried, be
paid a monthly pension equal to one- half of the
salary attached to the rank held by the decedent
at the time of his said injury; provided that the
widow of any said retired member who married

441

Appendix A: Employment Provisions

A8.565

said member after the effective date of his retire-
ment and at least one year prior to his death
shall be paid pension for time after December 31,
1974, as long as she may live and remain unmar-
ried; provided, however, that should said widow
die, leaving a child or children under the age of
16 years, said pension shall continue to such
child or children collectively until the youngest
child arrives at the age of 16 years.

Second, should the decedent leave no widow,
but leave an orphan child or children under the
age of 16 years, such child or such children
collectively shall receive said pension until the
youngest child attains the age of 16 years.

Third, should the decedent leave no widow
and no orphan child or children, but leave a
parent or parents dependent solely upon him for
support, such parents so depending shall collec-
tively receive said pension during such time as
the retirement board may unanimously deter-
mine its necessity.

(c) When any member of the department
shall die from natural causes and before retire-
ment, and when no pension is payable to his
widow or children, there shall be paid to his
estate or beneficiary a death benefit, the amount
of which and the conditions for the pa3niient of
which shall be determined in the manner pre-
scribed by the board of supervisors for the death
benefit of other members of the retirement sys-
tem.

Upon the death of a member after retirement
and regardless of the cause of death, a death
benefit shall be paid to his estate or designated
beneficiary, the amount of which and the condi-
tions for payment of which shall be determined
in the manner prescribed by the board of super-
visors for the pajrment of a similar death benefit
upon the death of other retired members.

(d) In addition to the other contributions
required of the City and County under the retire-
ment system, the City and County shall contrib-
ute to the retirement system during each fiscal
year a sum which shall be equal to the liabilities
accruing under the retirement system because of
service rendered during such year by persons
becoming members on the eighth day of January,

1932, under this section. If, subsequent to such
fiscal year, it shall be determined that such
contribution by the City and County was not
sufficient to meet such liability, then the City
and County shall niake such additional contri-
bution as may be necessary to make up the
deficit.

(e) No benefits khall be provided under the
retirement system for, nor shall any contribu-
tions be required of, persons who become mem-
bers of the retirement system under this section,
in addition to the benefits specifically provided
and contributions specifically required in such
section. Any pension payable because of the
death or retirement of any such person shall be
reduced in the manner fixed by the board of
supervisors, by the amount of any benefits pay-
able to or on account of such person, under the
Workers' Compensation Insurance and Safety
Law of the State of California.

(f) Persons who are members of the fire
department on the eighth day of January, 1932,
shall have the option, to be exercised in writing
on or before the first day of July, 1932, of becom-
ing members of the retirement system under the
provisions of Section 8.567, which applies to
persons who become members of the department
after the eighth day of January, 1932. If such
persons shall affirmatively exercise such option
within the time specified, then they shall not
receive any benefit Under this section, but shall
become members of the retirement system and
shall receive benefits and make contributions on
the same basis as persons who become members
of the department after the eighth day of Janu-
ary, 1932, provided that a pension for each per-
son affirmatively exercising such option shall be
payable on account of service rendered to the
City and County prior to the eighth day of
January, 1932, by contributions of the City and
County, which pension shall be the same percent-
age, regardless of the age of retirement of his
final compensation, as defined by the board of
supervisors, for each year of service, as the
contributions of the member and the City and
County are calculated to provide upon retire-
ment at age 55 for each year of service rendered
as a member of the retirement system.

A8.565

San Francisco - Charter

442

The amendments of Subsections (a), and (b),
of this section contained in the proposition there-
for submitted to the electorate on November 5,
1974, do not and shall not give any person any
claim against the City and County for any pen-
sion for time prior to January 1, 1975.

A8.566 FIRE DEPARTMENT— RETIRED
MEMBERS AND BENEFICIARIES ON
JANUARY 8, 1932

Any member of the fire department who shall
have been retired on or after January 21, 1925,
or prior to January 1, 1900, and shall be receiv-
ing a pension on the eighth day of January, 1932,
and any widow, child, children or parents of a
deceased member of the department who shall
be receiving a pension on the eighth day of
January, 1932, shall continue to receive such
pension subject to the provisions of Section 8.565
governing the payment of pensions to retired
members, widows, children and parents. Any
member of the fire department who shall have
been retired on or after the first day of January,
1900, and prior to the 21st day of January, 1925,
and shall be receiving a pension on the eighth
day of January, 1932, shall continue to receive
such pension throughout his life, subject to the
provisions of Section 8.565 governing the pay-
ment of pensions granted because of disability
incurred in the performance of duty, including
the payment of such pension to widows, children
and parents of deceased members who had been
retired because of such disability. Such pensions
shall be paid by the retirement system, but no
other benefits shall be provided for such retired
members, widows, children or parents; except
that upon the death of any such member who is
receiving a pension under this section and re-
gardless of the cause of death, a death benefit
shall be paid to his estate or designated benefi-
ciary, the amount of which shall be determined
in the manner prescribed by the board of super-
visors.

A8.567 MEMBERS OF THE FIRE
DEPARTMENT-JANUARY 8, 1932 TO
JULY 1, 1949

Persons who become members of the fire
department after the eighth day of January,

1932 and prior to July 1, 1949, shall become
members of the retirement system subject only
to the following provision in addition to the
provisions contained in Sections 3.670-3.672,
8.500-8.502, 8.510, 8.511, 8.520, 8.525 and 8.560
of this charter. No member of the retirement
system shall be retired, except in case of disabil-
ity incapacitating him for the performance of his
duties, unless he shall have attained the age of
55 years and completed 20 years of continuous
service, except that retirement shall be compul-
sory at the age of 70 years. It may be provided,
however, under such retirement system, that
members may retire after 30 years of continuous
service; the benefits at retirement in such cases
to be determined, because of retirement at an
age below 55, in accordance with the tables
recommended by the actuary and approved by
said retirement board.

A8.568 MEMBER OF THE FIRE
DEPARTMENT AFTER JULY 1, 1949

Members of the fire department, as defined
in Section 8.569, who are members of the retire-
ment system under Sections 8.507, 8.509, or
8.567 of the charter on the first day of July, 1949,
and persons who become members of said depart-
ment after said date, shall be members of the
retirement system under this Section 8.568 on
and after said date, and shall be subject to the
following provisions of Section 8.568 and Sec-
tions 8.569, 8.570, 8.571, 8.572, 8.573, 8.575,
8.576, 8.577, 8.578, 8.579, 8.580, 8.581 in addi-
tion to the provisions contained in Sections 3.670-
3.672, 8.500-8.504, 8.506, 8.510 and 8.520 of this
charter notwithstanding the provisions of any
other section of the charter. Members of the said
department who are members of the retirement
system under Sections 8.507 or 8.509 of the
charter, on July 1, 1950, however, shall have the
option to be exercised in writing, on a form
furnished by the retirement system and to be
filed at the office of said system not later than 90
days after said date, of being members of the
system under Sections 8.507 or 8.509 instead of
Section 8.568, the election under said option to
be effective on said date, provided, that members
who are absent by reason of service in the armed

443

Appendix A: Employment Provisions

A8.569

forces of the United States or by reason of any
other service included in Section 8.520 of the
charter, on July 1, 1949, shall have the same
option of electing to be members under Sections
8.507 or 8.509, as the case may be, instead of
Section 8.568 until 90 days after their return to
service in the fire department. On and after said
date the persons who affirmatively exercise said
option, shall continue to be members of the
system under Section 8.507 or 8.509, respec-
tively, and shall not be subject to any of the
provisions of Section 8.568.

A8.569 DEFINITIONS

The following words and phrases as used in
this section, unless a different meaning is plainly
required by the context, shall have the following
meaning:

"Compensation," as distinguished from ben-
efits under the Workers' Compensation Insur-
ance and Safety Act of the State of California,
shall mean the remuneration payable in cash, by
the City and County, without deduction except
for absence from duty, for time during which the
individual receiving such remuneration is a mem-
ber of the fire department, but excluding remu-
neration paid for overtime.

"Compensation eamable" shall mean the com-
pensation which would have been earned had
the member received compensation without in-
terruption throughout the period under consid-
eration and at the rates of remuneration at-
tached at that time to the ranks or positions held
by him during such period, it being assumed that
during any absence he was in the rank or posi-
tion held by him at the beginning of the absence,
and that prior to becoming a member of the fire
department, he was in the rank or position first
held by him in such department.

"Benefit" shall include "allowance," "retire-
ment allowance," "death allowance" and "death
benefit."

"Final compensation" shall mean the monthly
compensation earnable by a member at the time
of his retirement, or death before retirement, as
the case may be, at the rate of remuneration
attached at that time to the rank or position
which said member held, provided that said
member has held said rank or position for at
least one year immediately prior to said retire-
ment or death; and provided, further, that if said
member has not held said rank or position for at
least one year immediately prior to said retire-
ment or death, "final compensation," as to such
member, shall mean the monthly compensation
earnable by such member in the rank or position
next lower to the rank or position which he held
at the time of retirement or death at the rate of
remuneration attached at the time of said retire-
ment or death to said next lower rank or posi-
tion; provided, however, that in the case of a
member's death before retirement as the result
of a violent traumatic injury received in the
performance of his duty, "final compensation," as
to such member shall mean the monthly compen-
sation earnable by such member at the rate of
remuneration attached on the date he receives
such injury to the rank or position held by such
member on that date.

For the purpose of the retirement system and
of this section, the terms "member of the fire
department," "member of the department," or
"member" shall mean any officer or employee of

A8.569

San Francisco - Charter

444

the fire department, excluding such officers and
employees as are members of the retirement
system under Section 8.565 of the charter, who
was or shall be subject to the charter provisions
governing entrance requirements of members of
the uniformed force of said department, and said
terms further shall mean, from the effective date
of their emplojnnent in said department, persons
employed on July 1, 1949, or employed thereaf-
ter, regardless of age, to perform the duties
performed under the titles of pilot of fireboats or
marine engineer of fireboats, or employed after
July 1, 1949, at an age not greater than the
maximum age then prescribed for entrance into
emplojrment in said uniformed force, to perform
the duties now performed by members of the
salvage corps in the fire department, or duties
now performed under the title of hydrant-
gateman. Any fire service performed by such
member of the fire department outside the limits
of the City and County and tmder orders of a
superior officer of any such member, shall be
considered as City and County service, and any
disability or death incurred therein shall be
covered under the provisions of the retirement
system.

"Retirement system" or "system" shall mean
San Francisco City and County Employees' Re-
tirement System as created in Section 8.500 of
the charter.

"Retirement board" shall mean "retirement
board" as created in Section 3.670 of the charter.

"Charter" shall mean the charter of the City
and County of San Francisco.

Words used in the masculine gender shall
include the feminine and neuter genders, and
singular numbers shall include the plural and
the plural the singular.

"Interest" shall mean interest at the rate
adopted by the retirement board.

A8.570 SERVICE RETIREMENT

Any member of the fire department who
completes at least 25 years of service in the
aggregate and attains the age of 50 years, said
service to be computed under Section 8.578, may
retire for service at his option. Members shall be

retired on the first day of the month next follow-
ing the attainment by them of the age of 65
years. A member retired after meeting the ser-
vice and age requirements in the two sentences
next preceding, shall receive a retirement allow-
ance equal to 55 percent of the final compensa-
tion of said member, as defined in Section 8.569,
plus an allowance at the rate of three percent of
said final compensation, for each year of service
rendered in excess of 25 years; provided, how-
ever, that such retirement allowance shall not
exceed 70 percent of said member's final compen-
sation. A member retired after attaining the age
of 65 years, but before completing 25 years of
service in the aggregate computed under Section
8.578, shall receive a retirement allowance which
bears the same ratio to 50 percent of the final
compensation of said member, as defined in
Section 8.569, as the service with which he is
entitled to be credited, bears to 25 years. If, at
the date of retirement for service, or retirement
for disability resulting from an injury received in
performance of duty, said member has no wife,
children or dependent parents, who would qualify
for the continuance of the allowance after death
of said member, or with respect to the portion of
the allowance which would not be continued
regardless of dependents, or upon retirement for
disability resulting from other causes, with re-
spect to all of the allowance and regardless of
dependents at retirement, a member retired un-
der this section, or Section 8.571, may elect
before the first pa3niient of the retirement allow-
ance is made, to receive the actuarial equivalent
of his allowance or the portion which would not
be continued regardless of dependents, as the
case may be, partly in a lesser allowance to be
received by him throughout his life, and partly in
other benefits payable after his death to another
person or persons, provided that such election
shall be subject to all the conditions prescribed
by the board of supervisors to govern similar
election by other members of the retirement
system, including the character and amount of
such other benefits.

A8.571 RETIREMENT FOR INCAPACITY

Any member of the fire department who
becomes incapacitated for the performance of his

445

Appendix A: Employment Provisions

A8.572

duty by reason of any bodily injury received in, or
illness caused by performance of his duty, shall
be retired. If he is not qualified for service
retirement, he shall receive a retirement allow-
ance in an amount which shall be equal to the
same percentage of the final compensation of
said member, as defined in Section 8.569, as his
percentage of disability is determined to be. The
percentage of disability shall be as determined
by the Workers' Compensation Appeal Board of
the State of California upon referral from the
retirement board for that purpose; provided that
the retirement board may, by five affirmative
votes, adjust the percentage of disability as de-
termined by said appeals board; and provided,
further, that such retirement allowance shall be
in an amount not less than 50 percent nor more
than 90 percent of the final compensation of said
member, as defined in Section 8.569. Said allow-
ance shall be paid to him until the date upon
which said member would have qualified for
service retirement had he lived and rendered
service without interruption in the rank held by
him at retirement, and after said date the allow-
ance payable shall be equal to the retirement
allowance said member would have received if
retired for service on said date based on the final
compensation, as defined in Section 8.569, he
would have received immediately prior to said
date, had he lived and rendered service as as-
sumed, but such allowance shall not be less than
55 percent of such final compensation.

If at the time of retirement because of dis-
ability, he is qualified as to age and service for
retirement under Section 8.570, he shall receive
an allowance equal to the retirement allowance
which he would receive if retired under Section
8.570, but not less than 55 percent of said final
compensation. Any member of the fire depart-
ment who becomes incapacitated for perfor-
mance of his duty, by reason of a cause not
included under the provisions of the immediately
preceding sentences, and who shall have com-
pleted at least 10 years of service in the aggre-
gate, computed as provided in Section 8.578,
shall be retired upon an allowance of one and
one-half percent of the final compensation of said
member as defined in Section 8.569 for each year

of service, provided that said allowance shall not
be less than 33% percent of said final compensa-
tion; provided, however, that if such member has
completed at least 25 years of service in the
aggregate, computed as provided in Section 8.578,
but has not yet attained the age of 50 years, he
shall receive an allowance equal to the retire-
ment allowance he wlould have received if he had
attained the age of 50 years and retired under
Section 8.570 as of the date of retirement for
such incapacity. The question of retiring a mem-
ber under this section may be brought before the
retirement board on said board's own motion, by
recommendation of the fire commission, or by
said member or his guardian. If his disability
shall cease, his retirement allowance shall cease,
and he shall be restored to the service in the
rank he occupied at the time of his retirement.

The amendments of this Section 8.571 con-
tained in the proposition therefor submitted to
the electorate on November 7, 1972, are hereby
declared to be retroactive and shall be applicable
to members who retired after October 1, 1970.

j
A8.572 DEATH ALLOWANCE

If a member of the fire department shall die
before or after retirement by reason of an injury
received in, or illness caused by the performance
of his duty, a death allowance, in lieu of any
allowance payable under any other section of the
charter or by ordinance, on account of death
resulting from injury received in or illness caused
by the performance of duty, shall be paid, begin-
ning on the date next following the date of death,
to his surviving wife throughout her life or until
her remarriage. If the member, at the time of
death, was qualified for service retirement, but
had not retired, the allowance payable shall be
equal to the retirement allowance which the
member would have received if he had been
retired for service on the day of death, but such
allowances shall not be less than 55 percent of
the final compensation eamable by said member
immediately preceding death. If death occurs
prior to qualification for service retirement, the
allowance payable shall be equal to the final
compensation of said member at the date of
death, until the date upon which said member

A8.572

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446

would have qualified for service retirement, had
he lived and rendered service without interrup-
tion in the rank held by him at death, and after
said date the allowance payable shall be equal to
the retirement allowance said member would
have received if retired for service on said date,
based on the final compensation he would have
received immediately prior to said date, had he
lived and rendered service as assumed, but such
allowance shall not be less than 55 percent of
such monthly final compensation. If he had re-
tired prior to death, for service or for disability
resulting from injiuy received in, or illness caused
by the performance of duty, the allowance pay-
able shall be equal to the retirement allowance of
the member except that if he was a member
under Section 8.568 and retirement was for such
disability, and if death occurred prior to qualifi-
cation for the service retirement allowance, the
allowance continued shall be reduced upon the
date at which said member would have qualified
for service retirement, in the same manner as it
would have been reduced had the member not
died. If there be no surviving wife entitled to an
allowance hereunder, or if she die or remarry
before every child of such deceased member
attains the age of 18 years, then the allowance
which the surviving wife would have received
had she lived and not remarried shall be paid to
his child or children under said age, collectively,
to continue until every such child dies or attains
said age, provided that no child shall receive any
allowance after marrying or attaining the age of
18 years. Should said member leave no surviving
wife and no children under the age of 18 years,
but leave a parent or parents dependents upon
him for support, the parents so dependent shall
collectively receive a monthly allowance equal to
that which a surviving widow otherwise would
have received, during such dependency. No al-
lowance, however, shall be paid under this sec-
tion to a surviving wife following the death of a
member unless she was married to the member
prior to the date of the injury or onset of the
illness which results in death.

A8.573 PAYMENTS TO SURVIVING
DEPENDENTS

Upon the death of a member of the fire
department resulting from any cause, other than
an injury received in or illness caused by perfor-
mance of duty:

(a) if his death occurred after qualification
for service retirement, under Section 8.570, or
after retirement for service or because of disabil-
ity which resulted from any cause other than an
injury received in, or illness caused by perfor-
mance of duty, three-fourths of his retirement
allowance to which the member would have been
entitled if he had retired for service at the time of
death or three-fourths of the retirement allow-
ance as it was at his death, as the case may be,
shall be continued throughout life or until remar-
riage, to his surviving wife; or

(b) if his death occurred after the comple-
tion of at least 25 years of service in the aggre-
gate but prior to the attainment of the age of 50
years, three-fourths of the retirement allowance
to which he would have been entitled under
Section 8.570 if he had attained the age of 50
years on the date of his death shall be continued
throughout life or until remarriage to his surviv-
ing wife; or

(d) if his death occurred after completion of
at least 10 years of service in the aggregate,
computed as provided in Section 8.578, an allow-
ance in an amount equal to the retirement allow-
ance to which the member would have been
entitled pursuant to Section 8.571 if he had
retired on the date of death because of incapacity
for performance of duty resulting from a cause

447

Appendix A: Employment Provisions

A8.574

other than bodily injury received in, or illness
caused by performance of duty shall be paid
throughout life or until remarriage to his surviv-
ing wife. If there be no surviving wife entitled to
an allowance hereunder, or if she die or remarry
before every child of such deceased member
attains the age of 18 years, then the allowance
which the surviving wife would have received
had she lived and not remarried shall be paid to
his child or children under said age, collectively,
to continue until every such child dies or attains
said age, provided that no child shall receive any
allowance after manying or attaining the age of
18 years. Should said member leave no surviving
wife and no children under age of 18 years, but
leave a child or children, regardless of age,
dependent upon him for support because par-
tially or totally disabled and unable to earn a
livelihood or a parent or parents dependent upon
him for support, the child or children and the
parents so dependent shall collectively receive a
monthly allowance equal to that which a surviv-
ing wife otherwise would have received, during
such dependency. No allowance, however, shall
be paid under this section to a surviving wife
unless she was married to the member prior to
the date of the injury or onset of the illness which
results in death if he had not retired, or unless
she was married to the member at least one year
prior to his death if he had retired.

As used in this section and in Section 8.572,
"surviving wife" shall mean and include a sur-
viving spouse, and shall also mean and include a
spouse who has remarried since the death of the
member but whose remarriage has been termi-
nated by death, divorce or annulment within five
years after the date of such remarriage and who
has not thereafter again remarried.

make such election. Persons heretofore retired
under charter Section 8.567, as members of the
fire department at the time of retirement, shall
be subject to the provisions of this section. "Quali-
fied for service retirement," "qualification for
service retirement" or "qualified as to age and
service for retirement," as used in this section
and other sections to which persons who are
members under Section 8.568 are subject, shall
mean completion of 25 years of service and
attainment of age 50; said service to be computed
under Section 8.578.

The amendments of this Section 8.573 con-
tained in the proposition therefor submitted to
the electorate on November 7, 1972, are hereby
declared to be retroactive and shall be applicable
to members who died after October 1, 1970.

A8.574 ADJUSTMENT OF ALLOWANCES

Every allowance based on the average monthly
compensation earnable by the member during
the 10 years prior to retirement, and payable for
time commencing on February 1, 1957, to or on
account of persons who were retired, as members
under Section 8.567, for disability resulting from
bodily injury received in the performance of duty,
shall be adjusted to the amount it would be, if it
had been based on the monthly compensation
fixed by the board of supervisors as of July 1,
1956, for the rank : or position held by such
retired member in the fire department prior to
retirement. This section does not authorize any
decrease in any allowance from the amount
being paid as of February 1, 1957, nor does this
section give any retired member, or any benefi-
ciary of such member, or his successors in inter-
est, any claim against the City and County for
any increase in any allowance paid or payable for
the time prior to February 1, 1957. Adjustment
in reserves under allowances which are changed
according to this section, shall be made on the
basis of current interest rate and mortality tables.

The increase in the retirement allowance
shall be apportioned according to service ren-
dered by the member in the same manner that
the allowance prior to increase was apportioned.
Contributions to the retirement system, neces-
sary for the payment of the increase of the

A8.574

San Francisco - Charter

448

portion of the retirement allowances which is
paid from reserves held by the retirement sys-
tem, shall be provided from the reserves held by
the retirement system on account of members
under Section 8.568, the necessary amount being
transferred upon February 1, 1957, from said
reserves to the reserves held by the retirement
system to meet the obligations on account of
benefits that have been granted and on account
of prior service of members. The contribution
being required of the City and County currently,
as a percentage of salaries of persons who are
members under Section 8.568, shall be increased
to a percentage determined by the actuary as
necessary to replace the reserves so transferred.
Contributions to the retirement system neces-
sary for the pajnnent of said increases with
reference to current and prior service portions of
the allowance which are not paid from reserves
held by the retirement system, shall be paid to
the system by the City and County by annual
appropriations, provided that such appropria-
tion for any year shall not be less than the
amount disbursed during that year on account of
said increases.

A8.575 AD JUSTMENT FOR
COMPENSATION PAYMENTS

That portion of any allowance payable be-
cause of the death or retirement of any member
of the fire department which is provided by
contributions of the City and County, shall be
reduced in the manner fixed by the board of
supervisors, by the amount of any benefits other
than medical benefits, payable to or on account
of such person, under the Workers' Compensa-
tion Insurance and Safety Law of the State of
California and because of the injury or illness
resulting in said death or retirement. Such por-
tion which is paid because of death or retirement
which resulted from injury received in, or illness
caused by performance of duty, shall be consid-
ered as in lieu of all benefits, other than medical
benefits, payable to or on account of such person
under said law of the State of California and
shall be in satisfaction and discharge of the
obligation of the City and County to pay such
benefits.

A8.576 DEATH BENEFIT

If a member of the fire department shall die,
before retirement, from causes other than an
injury received in or illness caused by the perfor-
mance of duty, or regardless of cause, if no
allowance shall be payable under Section 8.572
or 8.573 preceding, a death benefit shall be paid
to his estate or designated beneficiary, the amount
of which and the conditions for the payment of
which shall be determined in the manner pre-
scribed by the board of supervisors for the death
benefit of other members of the retirement sys-
tem. Upon the death of a member after retire-
ment and regardless of the cause of death, a
death benefit shall be paid to his estate or
designated beneficiary the amount of which and
the conditions for the payment of which shall be
determined in the manner prescribed by the
board of supervisors for the death benefit of
other members of the retirement system.

A8.577 REFUNDS AND REDEPOSITS

Should any member of the fire department
cease to be employed as such member, through
any cause other than death or retirement or
transfer to another office or department, all of
his contributions, with interest credited thereon,
shall be refunded to him subject to the conditions
prescribed by the board of supervisors to govern
similar terminations of emplojnnent of other
members of the retirement system. If he shall
again become a member of the department, he
shall redeposit in the retirement fund, the amount
refunded to him. Contributions, with interest,
which are credited because of service rendered in
any other office or department and which will
not be counted under Section 8.578, to any per-
son who becomes a member of the retirement
system under this sections, shall be refunded to
him forthwith. Should a member of the fire
department become an employee of any other
office or department, his accumulated contribu-
tion account shall be adjusted by payment, to or
from him as the case may be to make the
accumulated contributions credited to him at the
time of change, equal to the amount which would
have been credited to him if he had been em-
ployed in said other office or department at the

449

Appendix A: Employment Provisions

A8.579

rate of compensation received by him in the fire
department and he shall receive credit for ser-
vice for which said contributions were made,
according to the charter section under which his
membership in the retirement system continues.

A8.578 COMPUTATION OF SERVICE

The following time shall be included in the
computation of the service to be credited to a
member of the fire department for the purposes
of determining whether such member qualified
for retirement, and calculating benefits, exclud-
ing, however, any time, the contributions for
which were withdrawn by said member upon
termination of his service while he was a mem-
ber under any other charter section, and not
redeposited upon re-entry into service:

(a) Time during and for which said member
is entitled to receive compensation because of
services as a member of the fire or police depart-
ment.

(b) Time during which said member is en-
titled to receive compensation while a member of
the retirement system, because of service ren-
dered in other offices and departments prior to
July 1, 1949, provided that accumulated contri-
butions on account of such service, previously
refunded, are redeposited, with interest from
date of refund to date of redeposit, at times and
in the manner fixed by the retirement board and
solely for purpose of determining qualification
for retirement under Section 8.571 for disability
not resulting from injury received in, or illness
caused by performance of duty, time during which
said member serves, after July 1, 1949, and
receives compensation because of services ren-
dered in other offices and departments.

(c) Time during which said member is ab-
sent from a status included in Subsections (a)
and (b) next preceding, by reason of service in
the armed forces of the United States of America,
or by reason of any other service included in
Section 8.520 of the charter, during any war in
which the United States was or shall be engaged
or during other national emergency, and for
which said member contributed or contributes to

the retirement system or for which the City and
County contributed! or contributes on his ac-
count. I

A8.579 SOURCES OF FUNDS

All payments provided for members imder
Section 8.568 shall be made from funds derived
from the following sources, plus interest earned
on said funds:

(a) The normal rate of contribution of each
member under this section shall be based on his
age taken to the next lower complete quarter
year, (1) at the earlier of the dates he became a
member under Section 8.507, 8.509 or 8.567, in
the case of persons who are members under
these sections, or (2) on his age at the date he
becomes a member tinder Section 8.568 in the
case of persons who become members on or after
July 1, 1949, without credit for service counted
under Section 8.578. The age of entrance into the
fire department shall be determined by deduct-
ing the member's service credited under Section
8.578 as rendered prior to the date upon which
his age is based for determination of his rate of
contribution according to the sentence next pre-
ceding, from said age. The normal rate of contri-
bution of each such member, to be effective from
the effective date of membership under Section
8.568, shall be such as, on the average for such
member, will provide, assuming service without
interruption, under Section 8.570, one-third of
that portion of the service retirement allowance
to which he would be entitled, without continu-
ance to dependents, upon first qualifying as to
age and service, for retirement under that sec-
tion, which is based on service rendered after the
date upon which his age is based for determina-
tion of his rate of contribution according to the
first sentence in this paragraph, and assuming
the contribution to be made from that date. The
normal rate of contribution, however, shall not
exceed six percent. ?

A8.579

San Francisco - Charter

450

will provide, assuming service without interrup-
tion under Section 8.570, and upon his first
qualifying as to age and service for retirement
under that section, one-third of the portion of his
allowance, which is to be continued under Sec-
tion 8.573 after his death and throughout the life
of a surviving wife whose age at said death is
three years less than the age of said member. If,
at the date of retirement for service or retire-
ment for disability resulting from injury received
in performance of duty, said member has no wife
who would qualify for the continuance of the
allowance to her after the death of said member,
or upon retirement for disability resulting from
other causes, regardless of his marital condition,
the dependent contributions with accumulated
interest thereon, shall be paid to him forthwith.
The dependent rate of contribution, however,
shall not exceed the difference between six per-
cent and the member's normal rate of contribu-
tions, and said dependent rate may be taken as a
flat percentage of the member's normal rate,
regardless of the age of qualification for service
retirement.

(c) There shall be deducted from each pay-
ment of compensation made to a member under
this section, a sum determined by appljdng the
member's rates of contribution to such compen-
sation pajmient. The sum so deducted shall be
paid forthwith to the retirement system. Said
contribution shall be credited to the individual
account of the member from whose salary it was
deducted, and the total of said contributions,
together with interest credited thereon in the
same manner as is prescribed by the board of
supervisors for crediting interest to contribu-
tions of other members of the retirement system,
shall be applied to provide part of the retirement
allowance granted to, or allowance granted on
account of said member, or shall be paid to said
member or his estate or beneficiary as provided
in Sections 8.576, 8.577 and 8.578.

(d) Contributions based on time included in
Subsections (a), (b) and (c) of Section 8.578, and
deducted prior to July 1, 1949, from compensa-
tion of persons who become members under
Section 8.568, and standing with interest thereon,
to the credit of such members on the records of

the retirement system on said date, shall con-
tinue to be credited to the individual accounts of
said members and shall be combined with and
administered in the same manner as the contri-
butions deducted after said date.

(e) The total contributions, with interest
thereon, made by or charged against the City
and County and standing to its credit, in the
accounts of the retirement system, on account of
persons who become members under Section
8.568, shall be applied to provide the benefits
under said section.

(f) The City and County shall contribute to
the retirement system such amounts as may be
necessary, when added to the contributions re-
ferred to in the preceding paragraphs of this
Section 8.579, to provide the benefits payable
under this section. Such contributions of the City
and County to provide the portion of the benefits
hereunder which shall be based on service ren-
dered by each member prior to the date upon
which his age is based for determination of his
rate of contribution in Subsection (a) Section
8.579, shall not be less during any fiscal year
than the amount of such benefits paid during
said year. Such contributions of the City and
County to provide the portion of the benefits
hereunder which shall be based on service ren-
dered by respective members on and after the
date stated in the next preceding sentence, shall
be made in annual installments, and the install-
ment to be paid in any year shall be determined
by the application of a percentage to the total
compensation paid during said year, to persons
who are members under Section 8.568, said
percentage to be the ratio of the value on July 1,
1949, or at the later date of a periodical actuarial
valuation and investigation into the experience
under the system, of the benefits thereafter to be
paid under this section, from contributions of the
City and County, less the amount of such contri-
butions, and plus accumulated interest thereon,
then held by said systems to provide said ben-
efits on account of service rendered by respective
members after the date stated in the sentence
next preceding, to the value of said respective
dates of salaries thereafter payable to said mem-
bers. Said values shall be determined by the

451

Appendix A: Employment Provisions

A8.582

actuary, who shall take into account the interest
which shall be earned on said contributions, the
compensation experience of members, and the
probabilities of separation by all causes, of mem-
bers from service before retirement and of death
after retirement. Said percentage shall be changed
only on the basis of said periodical actuarial
valuation and investigation into the experience
under the system. Said actuarial valuation shall
be made every even-numbered year and said
investigation into the experience under the sys-
tem shall be every odd-numbered year.

(g) To promote the stability of the retire-
ment system through a joint participation in the
result of variations in the experience under mor-
tality, investment and other contingencies the
contributions of both members and the City and
County held by the system to provide the ben-
efits under this section, shall be a part of the
fund in which all other assets of said system are
included. Nothing in this section shall affect the
obligations of the City and County to pay to the
retirement system any amounts which may or
shall become due under the provisions of the
charter prior to July 1, 1949, and which are
represented on said effective date, in the ac-
counts of said system by debits against the City
and County.

A8.580 RIGHT TO RETIRE

Upon the completion of the years of service
set forth in Section 8.570 as requisite to retire-
ment, a member of the fire department shall be
entitled to retire at any time thereafter in accor-
dance with the provisions of said Section 8.570,
and nothing shall deprive said member of said
right.

A8.581 LIMITATION ON EMPLOYMENT
DURING RETIREMENT

No person retired as a member under Section
8.568 for service or disability and entitled to
receive a retirement allowance under the retire-
ment system shall serve in any elective or ap-
pointive position in the City and County service,
including membership on boards and commis-
sions, nor shall such person receive any payment
for service rendered to the City and County after

retirement, provided that service as an election
officer or juror shall not be affected by this
section.

A8.582 DEFINITION OF "FINAL
COMPENSATION"--ALLOWANCES FIRST
PAYABLE PRIOR TO JULY 1, 1975

Notwithstanding any other provision of this
charter, but solely with respect to the determi-
nation of the amount of each retirement allow-
ance payable to or On account of a person who
retired for service or because of disability under
the provisions of Section 8.568 of the charter
prior to July 1, 1975, "final compensation," for
time commencing on July 1, 1975, shall mean
the rate of remuneration (excluding remunera-
tion for overtime) attached on July 1, 1975 to the
rank or position upon which such person's retire-
ment allowance was determined when first effec-
tive; provided, further, that each such allowance
shall be increased or decreased as of July 1,
1990, and thereafter on the effective date of any
legislation fixing the rates of compensation for
firefighters under section 8.405 of this charter by
an amount equal to 50% of the rate of change in
the salary attached to said rank multiplied by
the allowance which was payable for the month
immediately preceding each July 1.

This section does inot give any person retired
under the provisions of said Section 8.568, or his
successors in interest, any claim against the City
and County for any increase in any retirement
allowance paid or payable for time prior to July
1, 1975. !

This section does hot authorize any decrease
in the amount of any allowance from the amount
being paid as of June 30, 1975.

A8.582

San Francisco - Charter

452

1975, be combined with and administered in the
same manner as such person's normal contribu-
tions. Contributions, with interest credited
thereon, made by or charged against the City
and County and standing to its credit on account
of a person whose retirement allowance is sub-
ject to the provisions of this section and which
were made by or charged against the City and
County for the purposes of said Section 8.526
shall be applied to provide the benefits under
this section.

A8.584 RETIREMENT-
MISCELLANEOUS OFFICERS AND
EMPLOYEES AFTER NOVEMBER 1, 1976

Those persons who become miscellaneous of-
ficers and employees after November 1, 1976,
shall be members of the retirement system sub-
ject to the provisions of Sections 8.584 and 8.584-1
through 8.584-12, in addition to the provisions
contained in Sections 3.670, 3.672, 8.500, 8.510,
8.520 and 8.526 of this charter notwithstanding
the provisions of any other section of the charter;
provided that persons who become members un-
der the Public Employees' Retirement System of
the State of California pursuant to Section 8.506
of this charter of members of State Teachers'
Retirement System of the State of California
pursuant to Section 8.506-1 of this charter shall
not be members of the San Francisco City and
County Employees' Retirement System and pro-
vided, further, that the retirement system shall
be applied to persons employed on a part-time,
temporEiry or substitute bases only as the board
of supervisors shall determine by ordinance en-
acted by three-fourths vote of all members of the
board. Miscellaneous officers and employees who
are members of the retirement system under
Sections 8.507 or 8.509 of the charter prior to
November 2, 1976 shall continue to be members
of the system under Sections 8.507 or 8.509, as
the case may be, and shall not be subject to any
of the provisions of this section or Sections 8.584-1
through 8.584-12.

A8.584-1 DEFINITIONS

The following words and phrases as used in
this section, unless a different meaning is plainly
required by the context, shall have the following
meaning:

"Compensation," as distinguished from ben-
efits under the workers' compensation laws of
the State of California shall mean all remunera-
tion whether in cash or by other allowances
made by the City and County, for service quali-
fying for credit under this section, but excluding
remuneration for overtime.

"Compensation eamable" shall mean the com-
pensation as determined by the retirement board,
which would have been earned by the member
had he worked, throughout the period under
consideration, the average number of days ordi-
narily worked by persons in the same grade or
class of positions as the positions held by him
during such period and at the rate of pay at-
tached to such positions, it being assumed that
during any absence, he was in the position held
by him at the beginning of the absence, and that
prior to entering City service, he was in the
position first held by him in City service.

"Benefit" shall include "allowance," "retire-
ment allowance," and "death benefit."

"Average final compensation" shall mean the
average monthly compensation earned by a mem-
ber during any three consecutive years of cred-
ited service in the retirement system in which
his average final compensation is the highest.

For the purposes of the retirement system
and of this section, Section 8.584 and Sections
8.584-2 through 8.584-12, the terms "miscella-
neous officer or employee," or "member," shall
mean any officer or employee employed after
November 1, 1976 who is not a member of the
police or fire departments as defined in the
charter for the purposes of the retirement sys-
tem, provided that said terms shall not include
those persons who become members under the

453

Appendix A: Employment Provisions

A8.584-2

Public Employees' Retirement System of the
State of California pursuant to Section 8.506 of
this charter or members of State Teachers' Re-
tirement System of the State of California pur-
suant to Section 8.506- 1 of this charter.

"Retirement system" or "system" shall mean
San Francisco City and County Employees' Re-
tirement System as created in Section 8.500 of
the charter.

"Retirement board" shall mean "retirement
board" as created in Section 3.670 of the charter.

"Charter" shall mean the charter of the City
and County of San Francisco.

Words used in the masculine gender shall
include the feminine and neuter genders, and
singular numbers shall include the plural and
the plural the singular.

"Interest" shall mean interest at the rate
adopted by the retirement board.

A8.584-2 SERVICE RETIREMENT

Any member who completes at least 20 years
of service in the aggregate credited in the retire-
ment system and attains the age of 50 years, or
at least 10 years of service in the aggregate
credited in the retirement system, and attains
the age of 60 years, said service to be computed
under Section 8.584-7 may retire for service at
his option. Members shall be retired on the first
day of the month next following the attainment
by them of the age of 65 years. A member retired
after reaching the age of 60 years shall receive a
service retirement allowance at the rate of 1^3
percent of said average final compensation for
each year of service; provided, however, that
upon the compulsory retirement of a member
upon his attainment of the age of 65 years, if the
allowance available to such member pursuant to
the provisions of Section 8.584-6 shall be greater
in amount than the service retirement allowance
otherwise payable to such member under this
section, then such member shall receive as his
service retirement allowance, in lieu of the al-
lowance otherwise payable under this section, an
allowance computed in accordance with the for-
mula provided in said Section 8.584-6. The ser-
vice retirement allowance of any member retir-

ing prior to attaining the age of 60 years, and
after rendering 20 years or more of such service,
computed under Section 8.584-7, and having
attained the age of 50 years, shall be an allow-
ance equal to the percentage of said average final
compensation set forth opposite his age at retire-
ment, taken to the preceding completed quarter
year, for each year of service, computed under
Section 8.584-7:

Age at Percent for Each Year

Retirement of Credited Service

1.0000

50V4

1.0167

50V2

1.0333

503/4

1.0500

1.0667

51V4

1.0833

51V2

1.1000

513/4

1.1167

1.1333

52V4

1.1500

52V2

1.1667

523/4

1.1833

1.2000

53V4

1.2167

53V2

1.2333

533/4

1.2500

1.2667

54V4

1.2833

54V2

1.3000

543/4

1.3167

1.3333

55V4

1.3500

55V2

1.3667

553/4

1.3833

1.4000

A8.584-2

SanF]

Age at

Percent for Each Year

Retirement

of Credited Service

56V4

1.4167

56V2

1.4333

563/4

1.4500

1.4667

57V4

1.4833

57V2

1.5000

573/4

1.5167

1.5333

58V4

1.5500

58V2

1.5667

583/4

1.5833

1.6000

59V4

1.6167

59V2

1.6333

593/4

1.6500

San Francisco - Charter

454

60 1.6667

In no event shall a member's retirement
allowance exceed seventy percent of his average
final compensation.

Before the first payment of a retirement
allowance is made, a member, retired under this
section or Section 8.584-3, may elect to receive
the actuarial equivalent of his allowance, partly
in an allowance to be received by him throughout
his life, and partly in other benefits payable after
his death to another person or persons, provided
that such election shall be subject to all the
conditions prescribed by the board of supervisors
to govern similar elections by other members of
the retirement system, including the character
and amount, of such other benefits; provided,
however, that at any time within 30 days after
the date on which his compulsory retirement
would otherwise have become effective, a mem-
ber who has attained the age of 65 years may
elect, without right of revocation, to withdraw
his accumulated contributions, said election to
be exercised in writing on a form furnished by
the retirement system and filed at the office of

said system and a member so electing shall be
considered as having terminated his member-
ship in said system on the date immediately
preceding the date on which his compulsory
retirement would otherwise have become effec-
tive and he shall be paid forthwith his accumu-
lated contributions, with interest credited thereon.
Notwithstanding the provisions of Section 8.514
of this charter, the portion of service retirement
allowance provided by the City and County's
contributions shall be not less than $100 per
month upon retirement after thirty years of
service and after attaining the age of 60 years,
and provided further that as to any member
within 15 years or more of service at the compul-
sory retirement age of 65, the portion of the
service retirement allowance provided by the
City and County's contribution shall be such that
the total retirement allowance shall not be less
than $100 per month. In the calculations under
this section of the retirement allowance of a
member having credit for service in a position in
the evening schools and service in any other
position, separate retirement allowances shall be
calculated, in the manner prescribed for each
class of service, the average final compensation
in each case being that for the respective class of
service, provided that the aggregate retirement
allowance shall be taken into account in apply-
ing the provisions of this section providing for a
minimum retirement allowance. Part-time ser-
vice and compensation shall be reduced to full-
time service and compensation in the manner
prescribed by the board of supervisors, and when
so reduced shall be applied on full-time service
and compensation in the calculation of retire-
ment allowances.

A8.584-3 RETIREMENT FOR
INCAPACITY

Any member who becomes incapacitated for
performance of duty because of disability deter-
mined by the retirement board to be of extended
and uncertain duration, and who shall have
completed at least 10 years of service credited in
the aggregate, computed as provided in Section
8.584-7, shall be retired upon an allowance of IV2
percent of the average final compensation of said

455

Appendix A: Employment Provisions

A8.584-5

member, as defined in Section 8.584-1 for each
year of credited service, if such retirement allow-
ance exceeds one-third of his average final com-
pensation; otherwise IV2 percent of his average
final compensation multiplied by the number of
years of City service which would be credited to
him were such City service to continue until
attainment by him of age 60, but such retirement
allowance shall not exceed one-third of such
average final compensation. In the calculation
under this section of the retirement allowance of
a member having credit for service in a position
in the evening schools and service in any other
position, separate retirement allowances shall be
calculated, in the manner prescribed, for each
class of service, the average final compensation
in each case being that for the respective class of
service; provided that the average final compen-
sation upon which the minimum total retirement
allowance is calculated in such case shall be
based on the compensation eamable by the mem-
ber in the classes of service rendered by him
during the three years immediately preceding
his retirement. Part-time service and compensa-
tion shall be reduced to full-time service and
compensation in the manner prescribed by the
board of supervisors, and when so reduced shall
be applied as full-time service and compensation
in the calculation of retirement allowances. The
question of retiring a member under this subsec-
tion may be brought before the retirement board
on said board's own motion, by recommendation
of any commission or board, or by said member
or his guardian. If his disability shall cease, his
retirement allowance shall cease, and he shall be
restored to service in the position or classifica-
tion he occupied at the time of his retirement.

A8.584-4 NO ADJUSTMENT FOR
COMPENSATION PAYMENTS

No modification of benefits provided in this
section shall be made because of any amounts
payable to or on account of any member under
workers' compensation laws of the State of Cali-
fornia.

A8.584-5 DEATH BENEFIT

If a member shall die, before retirement:

(a) If no benefit is payable under subsection
(b) of this section:

(1) Regardless of cause, a death benefit shall
be paid to the member's estate or designated
beneficiary consisting of the compensation earn-
able by the member during the six months im-
mediately preceding death, plus the member's
contributions and interest credited thereon.

(2) If a member sustains a traumatic bodily
injury through external and violent means in the
course and scope of employment and death re-
sults within 180 days of such injury, an addi-
tional insurance benefit of 12 months of compen-
sation eamable shall be paid to the member's
estate or designated beneficiary.

(b) If, at the date of his death, he was
qualified for service retirement by reason of
service and age under the provisions of Section
8.584-2, and he has designated as beneficiary his
surviving spouse, who was married to him for at
least one full year immediately prior to the date
of his death, one-half of the retirement allowance
to which the member would have been entitled if
he had retired for service on the date of his death
shall be paid to such surviving spouse who was
his designated beneficiary at the date of his
death, until such spouse's death or remarriage,
or if there be no surviving spouse, to the unmar-
ried child or children of such member under the
age of 18 years, collectively, until every such
child dies, marries or attains the age of 18 years,
provided that no child shall receive any allow-
ance after manying or attaining the age of 18
years. If, at the death of such surviving spouse,
who was receiving an allowance under this Sub-
section (b), there be one or more unmarried
children of such member under the age of 18
years, such allowance shall continue to such
child or children, collectively, until every such
child dies, marries or attains the age of 18 years,
provided that no child shall receive any allow-
ance after marrying or attaining the age of 18
years. If the total of the pa5niients of allowance
made pursuant to this Subsection (b) is less than
the benefit which was otherwise payable under

A8.584-5

San Francisco - Charter

456

Subsection (a) of this section, the amount of said
benefit payable under Subsection (a) less an
amount equal to the total of the pajnnents of
allowance made pursuant to this Subsection (b)
shall be paid in a lump sum as follows:

(1) If the person last entitled to said allow-
ance is the remarried surviving spouse of such
member, to such spouse.

(2) Otherwise, to the surviving children of
the member, share and share alike, or if there
are no such children, to the estate of the person
last entitled to said allowance.

The surviving spouse may elect, on a form
provided by the retirement system and filed in
the office of the retirement system before the
first pajnnent of the allowance provided herein,
to receive the benefit provided in Subsection (a)
of this section in lieu of the allowance which
otherwise would be payable under the provisions
of this subdivision. If a surviving spouse, who
was entitled to make the election herein pro-
vided, shall die before or after making such
election but before receiving any payment pur-
suant to such election, then the legally appointed
guardian of the unmarried children of the mem-
ber under the age of 18 years may make the
election herein provided before any benefit has
been paid under this section, for and on behalf of
such children if in his judgment it appears to be
in their interest and advantage, and the election
so made shall be binding and conclusive upon all
parties in interest.

If any person other than such surviving spouse
shall have and be paid a community property
interest in any portion of any benefit provided
under this section, any allowance payable under
this Subsection (b) shall be reduced by the actu-
arial equivalent, at the date of the member's
death, of the amount of benefits paid to such
other person.

Upon the death of a member after retirement
and regardless of the cause of death, a death
benefit shall be paid to his estate or designated
beneficiary in the manner and subject to the
conditions prescribed by the board of supervisors
for the- payment of a similar death benefit upon
the death of other retired members.

Upon the death of a member after retire-
ment, an allowance, in addition to the death
benefit provided in the immediately preceding
paragraph, shall be paid to his surviving spouse,
until such surviving spouse's death or remar-
riage, equal to one-half of his retirement allow-
ance as it was prior to optional modification and
prior to reduction as provided in Subsection (a) of
Section 8.514 of this charter, but exclusive of the
part of such allowance which was provided by
additional contributions. No allowance, however,
shall be paid under this paragraph to a surviving
spouse unless such surviving spouse was mar-
ried to said member at least one year prior to his
retirement. If such retired person leaves no such
surviving spouse, or if such surviving spouse
should die or remarry before every child of such
deceased retired person attains the age of 18
years, the allowance which such surviving spouse
would have received had he or she lived and not
remarried shall be paid to retired person's child
or children under said age, collectively, to con-
tinue until every such child dies or attains said
age, provided that no child shall receive any
allowance after marrying or attaining the age of
18 years.

The amendments of this section contained in
the proposition submitted to the electorate on
November 6, 1984 are hereby declared to be
prospective and shall not give any person a claim
against the City and County relating to a death
prior to ratification of this amendment by the
State Legislature.

A8.584-6 BENEFITS UPON
TERMINATION OF MEMBERSHIP

Should any miscellaneous member cease to
be employed as such a member, through any
cause other than death or retirement, all of his
contributions, with interest credited thereon, shall
be refunded to him subject to the conditions
prescribed by the board of supervisors to cover
similar terminations of employment and re-
emplo3nnent with and without redeposit of with-
drawn accumulated contributions of other mem-
bers of the retirement system, provided that, if
such member is entitled to be credited with at
least five years of service, he shall have the right

457

Appendix A: Employment Provisions

A8.584-8

to elect, without right of revocation and within
90 days after said termination of service, or if the
termination was by lay-off, 90 days after the
retirement board determines the termination to
be permanent, whether to allow his accumulated
contributions to remain in the retirement fund
and to receive benefits only as provided in this
paragraph. Failure to make such election shall
be deemed an irrevocable election to withdraw
his accumulated contributions. A person who
elects to allow his accumulated contributions to
remain in the retirement fund shall be subject to
the same age requirements as apply to other
members under Section 8.584 for service retire-
ment but he shall not be subject to a minimum
service requirement. Upon the qualification of
such member for retirement by reason of age, he
shall be entitled to receive a retirement allow-
ance which shall be the actuarial equivalent of
his accumulated contributions and an equal
amount of the contributions of the City and
County, plus 1% percent of his average final
compensation for each year of service credited to
him as rendered prior to his first membership in
the retirement system. Upon the death of such
member prior to retirement, his contributions
with interest credited thereon shall be paid to his
estate or designated beneficiary.

A8.584-7 COMPUTATION OF SERVICE

The following time and service shall be in-
cluded in the computation of the service to be
credited to a member for the purpose of deter-
mining whether such member qualifies for retire-
ment and calculating benefits:

(a) Time during which said member is a
member of the retirement system under Section
8.584 and during and for which said member is
entitled to receive compensation because of ser-
vices as a miscellaneous officer or employee.

(b) Service in the fire and police depart-
ments which is not credited as service as a
member under Section 8.584 shall count under
this section upon transfer of a member of either
of such departments to employment entitling
him to membership in the retirement system
under Section 8.584, provided that the accumu-
lated contributions standing to the credit of such

member shall be adjusted by refund to the mem-
ber or by payment by the member to bring the
account at the time of such transfer to the
amount which would have been credited to it had
the member been a miscellaneous member
throughout the period of his service in either of
such departments at the compensation he re-
ceived in such departments.

(c) Time prior to November 2, 1976, during
which said member was entitled to receive com-
pensation while a miscellaneous member under
any other section of the charter, provided that
accumulated contributions on account of such
service previously refunded are redeposited with
interest from the date of refund to the date of
redeposit, at times and in the manner fixed by
the retirement board.

(d) Prior service determined and credited as
prescribed by the board of supervisors for per-
sons who are members under Section 8.507.

(e) The board of supervisors, by ordinance
enacted by a three-fourths vote of its members,
may provide for the crediting as service, ren-
dered as an employee of the federal government
and service rendered as an employee of the State
of California or any public entity or public agency
in the State of California. Said ordinance shall
provide that all contributions required as the
result of the crediting of such service shall be
made by the member and that no contributions
therefor shall be required of the City and County.

(f) Time during which said member is ab-
sent from a status included in Subsections (a) or
(b) next preceding which is not deemed absence
from service under the provisions of Section
8.520 of the charter and for which such member
is entitled to receive credit as service for the City
and County by virtue of contributions made in
accordance with the provisions of such section.

A8.584-8 SOURCES OF FUNDS

All pajnnents provided for members under
Section 8.584 shall be made from funds derived
from the following sources, plus interest earned
on said funds:

(a) There shall be deducted from each pay-
ment of compensation made to a member under
Section 8.584 a sum equal to seven percent of

A8.584-8

San Francisco ■ Charter

458

such pajnnent of compensation. The sum so de-
ducted shall be paid forthwith to the retirement
system. Said contribution shall be credited to the
individual account of the member from whose
salary it was deducted, and the total of said
contributions, together with interest credited
thereon in the same manner as is prescribed by
the board of supervisors for crediting interest to
contributions of other members of the retirement
system, shall be applied to provide part of the
retirement allowance granted to, or allowance
granted on account of said member under Sec-
tion 8.584, or shall be paid to said member or his
estate or beneficiary as provided in Sections
8.584-5 and 8.584-6.

(b) The City and County shall contribute to
the retirement system such amounts as may be
necessary, when added to the contributions re-
ferred to in Subsection (a) of this Section 8.584-8,
to provide the benefits payable to members un-
der Section 8.584. Such contributions of the City
and County to provide the portion of the benefits
hereunder shall be made in annual installments,
and the installment to be paid in any year shall
be determined by the application of a percentage
to the total compensation paid during said year
to persons who are members under Section 8.584,
said percentage to be the ratio of the value on
November 2, 1976, or at the later date of a
periodical actuarial valuation and investigation
into the experience under the system, of the
benefits thereafter to be paid to or on account of
members under Section 8.584 from contributions
of the City and County, less the amount of such
contributions, plus accumulated interest thereon,
then held by said system to provide said benefits
on account of service rendered by respective
members after said date, to the value at said
respective dates of salaries thereafter payable to
said members. Said values shall be determined
by the actuary, who shall take into account the
interest which shall be earned on said contribu-
tions, the compensation experience of members,
and the probabilities of separation by all causes,
of members from service before retirement and of
death after retirement. Said percentage shall be
changed only on the basis of said periodical
actuarial valuation and investigation into the

experience under the system. Said actuarial valu-
ation shall be made every even-numbered year
and said investigation into the experience under
the system shall be made every odd-numbered
year.

(c) To promote the stability of the retire-
ment system through a joint participation in the
result of variations in the experience under mor-
tality, investment and other contingencies, the
contributions of both members and the City and
County held by the system to provide benefits for
members under Section 8.584 shall be a part of
the fund in which all other assets of said system
are included.

A8.584-9 RIGHT TO RETIRE

Upon the completion of the years of service
set forth in Section 8.584-2 as requisite to retire-
ment, a member shall be entitled to retire at any
time thereafter in accordance with the provi-
sions of said Section 8.584-2, and, except as
provided in the following paragraph, nothing
shall deprive said member of said right.

Any member convicted of a crime involving
moral turpitude committed in connection with
his duties as an officer or employee of the City
and County shall, upon his removal from office or
employment, pursuant to the provisions of this
charter, forfeit all rights to any benefits under
the retirement system except refund of his accu-
mulated contributions; provided, however, that if
such member is qualified for service retirement
by reason of service and age under the provisions
of Section 8.584-2, he shall have the right to
elect, without right of revocation and within 90
days after his removal from office or emplojonent
to receive as his sole benefit under the retire-
ment system an annuity which shall be the
actuarial equivalent of his accumulated contri-
butions at the time of such removal from office or
employment.

A8.584-10 LIMITATION ON
EMPLOYMENT DURING RETIREMENT

(a) Except as provided in Section 8.511 of
this charter and Section 8.511 of this charter and
Subsection (b) of this section, no person retired
as a member under Section 8.584 for service or

459

Appendix A: Employment Provisions

A8.585

disability and entitled to receive a retirement
allowance under the retirement system shall be
employed in any capacity by the City and County,
nor shall such person receive any payment for
services rendered to the City and County after
retirement.

(b) (1) Service as an election officer or juror,
or in the preparation for or giving testimony as
an expert witness for or on behalf of the City and
County before any court or legislative body shall
not be affected by the provisions of Subsection (a)
of this section.

(2) The provisions of Subsection (a) shall
not prevent such retired person from serving on
any board or commission of the City and County
and receiving the compensation for such office,
provided said compensation does not exceed $100
per month.

(3) If such retired person is elected or ap-
pointed to a position or office which subjects him
to membership in the retirement system under
Section 8.584, he shall re-enter membership un-
der Section 8.584 and his retirement allowance
shall be cancelled immediately upon such re-
entry. The provisions of Subsection (a) of this
section shall not prevent such person from re-
ceiving the compensation for such position or
office. The rate of contribution of such member
shall be the same as that for other members
under Section 8.584. Such member's individual
account shall be credited with an amount which
is the actuarial equivalent of his annuity at the
time of his re-entry, but the amount thereof shall
not exceed the amount of his accumulated con-
tributions at the time of his retirement. Such
member shall also receive credit for his service
as it was at the time of his retirement.

(c) Notwithstanding any provision of this
charter to the contrary, should any person re-
tired for service or disability engage in a gainful
occupation prior to attaining the age of 60 years,
the retirement board shall reduce that part of his
monthly retirement allowance which is provided
by contributions of the City and County to an
amount which, when added to the amount of the
compensation eamable, at the time he engages
in the gainful occupation, by such person if he

held the position which he held at the time of his
retirement, or, if that position has been abol-
ished, the compensation eamable by the member
if he held the position from which he was retired
immediately prior to its abolishment.

A8.584-11 ADJUSTMENT OF
ALLOWANCES

Every retirement or death allowance payable
to or on account of any member under Section
8.584 shall be adjusted in accordance with the
provisions of Subsection (b) of Section 8.526 of
this charter.

A8.584-12 CONFLICTING CHARTER
PROVISIONS

Any section or part of any section in this
charter, insofar as it should conflict with the
provisions of Sections 8.584 through 8.584-11 or
with any part thereof, shall be superseded by the
contents of said sections. In the event that any
word, phrase, clause or section of sections shall
be adjudged unconstitutional, the remainder
thereof shall remain in full force and effect.

A8.585 MEMBERS OF THE FIRE
DEPARTMENT ON AND AFTER JULY 1,
1975

Notwithstanding the provisions of Section
8.568 of this charter, members of the fire depart-
ment, as defined in Section 8.585-1, who are
members of the retirement system under Section
8.568 on the effective date of this section and
persons who become members of the retirement
system under Section 8.568 after said effective
date and prior to July 1, 1975, shall have the
option, to be exercised in writing on a form
furnished by the retirement system and to be
filed at the office of said system not later than
June 30, 1975, of being members of the system
under this section instead of said Section 8.568,
the election pursuant to said option to be effec-
tive as of July 1, 1975; provided that such of said
members who, during the period from the effec-
tive date of this section through June 30, 1975,
are absent by reason of service in the armed
forces of the United States or by reason of any
other service included in Section 8.520(a) of this

A8.585

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460

charter shall have the same option of electing to
be members under this section instead of Section
8.568, until 90 days after their return to service
in the fire department.

Those persons who become members of the
fire department, as defined in Section 8.585-1, on
or after July 1, 1975, and those persons who elect
to be members under this section as provided in
the preceding paragraph, shall be members of
the system subject to the provisions of Sections
8.585, 8.585-1, 8.585-2, 8.585-3, 8.585-4, 8.585-5,
8.585-6, 8.585-7, 8.585-8, 8.585-9, 8.585-10, 8.585-
11, 8.585-12 and 8.585-13 (which shall apply
only to members under Section 8.585) in addition
to the provisions contained in Sections 3.670 to
3.672, both inclusive, and Sections 8.500, 8.510
and 8.520 of this charter, notwithstanding the
provisions of any other section of this charter,
and shall not be subject to any of the provisions
of Section 8.568 of this charter.

A8.585-1 DEFINITIONS

The following words and phrases as used in
this section, Section 8.585 and Sections 8.585-2
through 8.585-13, unless a different meaning is
plainly required by the context, shall have the
following meanings:

"Compensation," as distinguished from ben-
efits under the Workers' Compensation Insur-
ance and Safety Act of the State of California,
shall mean the remuneration payable in cash, by
the City and County, without deduction except
for absence from duty, for time during which the
individual receiving such remuneration is a mem-
ber of the fire department, but excluding remu-
neration paid for overtime.

"Compensation eamable" shall mean the com-
pensation which would have been earned had
the member received compensation without in-
terruption throughout the period under consid-

eration and at the rates of remuneration at-
tached at that time to the ranks or positions held
by him during such period, it being assumed that
during any absence, he was in the rank or
position held by him at the beginning of the
absence, and that prior to becoming a member of
the fire department he was in the rank or posi-
tion first held by him in such department.

"Benefit" shall include "allowance," "retire-
ment allowance," "death allowance" and "death
benefit."

"Final compensation" shall mean the monthly
compensation eamable by a member at the time
of his retirement, or death before retirement, as
the case may be, at the rate of remuneration
attached at that time to the rank or position
which said member held, provided that said
member has held said rank or position for at
least one year immediately prior to said retire-
ment or death; and provided, further, that if said
member has not held said rank or position for at
least one year immediately prior to said retire-
ment or death, "final compensation," as to such
member, shall mean the monthly compensation
eamable by such member in the rank or position
next lower to the rank or position which he held
at the time of retirement or death at the rate of
remuneration attached at the time of said retire-
ment or death to said next lower rank or posi-
tion; provided, however, that in the case of a
member's death before retirement as the result
of a violent traumatic injury received in the
performance of his duty, "final compensation," as
to such member shall mean the monthly compen-
sation earnable by such member at the rate of
remuneration attached on the date he receives
such injury to the rank or position held by such
member on that date.

For the purpose of Sections 8.585 through
8.585-13, the terms "member of the fire depart-
ment," "member of the department," or "mem-
ber" shall mean any officer or employee of the
fire department, excluding such officers and em-
ployees as are members of the retirement system
under Section 8.565 or Section 8.568 of the
charter, who was or shall be subject to the
charter provisions governing entrance require-

461

Appendix A: Employment Provisions

A8.585-3

ments of members of the uniformed force of said
department, and said terms further shall mean
persons employed on July 1, 1975, or thereafter,
regardless of age, to perform the duties per-
fonned under the titles of pilot of fireboats, or
marine engineer of fireboats or employed after
July 1, 1975, at an age not greater than the
maximum age then prescribed for entrance into
emplojnnent in said uniformed force, to perform
the duties performed by members of the salvage
corps in the fire department, or duties performed
under the title of hydrant-gatemen.

Any fire service performed by such members
of the fire department outside the limits of the
City and County and under orders of a superior
officer of any such member, shall be considered
as City and County service, and any disability or
death incurred therein shall be covered under
the provisions of the retirement system.

"Retirement system" or "system" shall mean
San Francisco City and County Employees' Re-
tirement System as created in Section 8.500 of
the charter.

"Retirement board" shall mean "retirement
board" as created in Section 3.670 of the charter.

"Charter" shall mean the charter of the City
and County of San Francisco.

Words used in the masculine gender shall
include the feminine and neuter genders, and
singular numbers shall include the plural and
the plural the singular.

"Interest" shall mean interest at the rate
adopted by the retirement board.

A8.585-2 SERVICE RETIREMENT

Any member of the fire department who
completes at least twenty-five (25) years of ser-
vice in the aggregate and attains the age of fifty
(50) years, said service to be computed under
Section 8.585-10, may retire for service at his or
her option. A member retired after meeting the
service and age requirements in the sentence
next preceding, shall receive a retirement allow-
ance equal to fifty-five (55) percent of the final
compensation of said member, as defined in
Section 8.585-1, plus an allowance at the rate of
four percent of said final compensation, for each

year of service rendered in excess of twenty-five
(25) years; provided, however, that such retire-
ment allowance shall not exceed seventy-five
(75) percent of said member's final compensa-
tion. A member retired after attaining the age of
sixty-five (65) years, but before completing twenty-
five (25) years of service in the aggregate com-
puted under Section 8.585-10, shall receive a
retirement allowance which bears the same ratio
to fifty (50) percent of the final compensation of
said member, as defined in Section 8.585-1, as
the service with which he or she is entitled to be
credited, bears to twenty-five (25) years. If, at
the date of retirement for service, or retirement
for disability resulting from an injury received in
performance of duty, said member has no spouse,
children or dependent parents, who would qualify
for the continuance of the allowance after the
death of said member, or with respect to the
portion of the allowance which would not be
continued regardless of dependents, or upon re-
tirement for disability resulting from other causes,
with respect to all of the allowance and regard-
less of dependents at retirement, a member
retired under this section, or Section 8.585-3,
may elect before the first pa5rment of the retire-
ment allowance is made, to receive the actuarial
equivalent of his or her allowance or the portion
which would not be continued regardless of de-
pendents, as the case may be, partly in a lesser
allowance to be received by him or her through-
out his or her life, and partly in other benefits
payable after his or her death to another person
or persons, provided that such election shall be
subject to all the conditions prescribed by the
board of supervisors to govern similar election by
other members of the retirement system, includ-
ing the character and amount of such other
benefits.

A8.585-3 RETIREMENT FOR
INCAPACITY

Any member of the fire department who
becomes incapacitated for the performance of his
duty by reason of any bodily injury received in, or
illness caused by performance of his duty, shall
be retired. If he is not qualified for service
retirement, he shall receive a retirement allow-

A8.585-3

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462

ance in an amount which shall be equal to the
same percentage of the final compensation of
said member, as defined in Section 8.585-1, as
his percentage of disability is determined to be.
The percentage of disability shall be as deter-
mined by the Workers' Compensation Appeals
Board of the State of California upon referral
from the retirement board for that purpose;
provided that the retirement board may, by five
affirmative votes, adjust the percentage of dis-
ability as determined by said appeals board; and
provided, further, that such retirement allow-
ance shall be in an amount not less than 50
percent nor more than 90 percent of the final
compensation of said member, as defined in
Section 8.585-1. Said allowance shall be paid to
him until the date upon which said member
would have qualified for service retirement had
he lived and rendered service without interrup-
tion in the rank held by him at retirement, and
after said date the allowance payable shall be
equal to the retirement allowance said member
would have received if retired for service on said
date based on the final compensation, as defined
in Section 8.585-1, he would have received im-
mediately prior to said date, had he lived and
rendered service as assumed, but such allow-
ance, shall not be less than 55 percent of such
final compensation.

If at the time of retirement because of dis-
ability, he is qualified as to age and service for
retirement under Section 8.585-2, he shall re-
ceive an allowance equal to the retirement allow-
ance which he would receive if retired under
Section 8.585-2, but not less than 55 percent of
said final compensation. Any member of the fire
department who becomes incapacitated for per-
formance of his duty, by reason of a cause not
included under the provisions of the immediately
preceding sentences, and who shall have com-
pleted at least 10 years of service in the aggre-
gate, computed as provided in Section 8.585-10,
shall be retired upon an allowance of IV2 percent
of the final compensation of said member as
defined in Section 8.585-1 for each year of ser-
vice, provided that said allowance shall not be
less than 33 Vs percent of said final compensa-
tion; provided, however, that if such member has

completed at least 25 years of service in the
aggregate, computed as provided in Section 8.585-
10, but has not yet attained the age of 50 years,
he shall receive an allowance equal to the retire-
ment allowance he would have received if he had
attained the age of 50 years and retired under
Section 8.585-2 as of the date of retirement for
such incapacity. The question of retiring a mem-
ber under this section may be brought before the
retirement board on said board's own motion, by
recommendation of the fire commission, or by
said member or his guardian. If his disability
shall cease, his retirement allowance shall cease,
and he shall be restored to the service in the
rank he occupied at the time of his retirement.

A8.585-4 DEATH ALLOWANCE

If a member of the fire department shall die
before or after retirement by reason of an injury
received in, or illness caused by the performance
of his duty, a death allowance, in lieu of any
allowance payable under any other section of the
charter or by ordinance, on account of death
resulting from injury received in or illness caused
by the performance of duty, shall be paid, begin-
ning on the date next following the date of death,
to his surviving wife throughout her life or until
her remarriage. If the member, at the time of
death, was qualified for service retirement, but
had not retired, the allowance payable shall be
equal to the retirement allowance which the
member would have received if he had been
retired for service on the day of death, but such
allowance shall not be less than 55 percent of the
final compensation eamable by said member
immediately preceding death. If death occurs
prior to qualification for service retirement, the
allowance payable shall be equal to the final
compensation of said member at the date of
death, until the date upon which said member
would have qualified for service retirement, had
he lived and rendered service without interrup-
tion in the rank held by him at death, and after
said date the allowance payable shall be equal to
the retirement allowance said member would
have received if retired for service on said date,
based on the final compensation he would have
received immediately prior to said date, had he

463

Appendix A: Employment Provisions

A8.585-5

lived and rendered service as assumed, but such
allowance shall not be less than 55 percent of
such monthly final compensation. If he had re-
tired prior to death, for service or for disability
resulting from injury received in, or illness caused
by the performance of duty, the allowance pay-
able shall be equal to the retirement allowance of
the member, except that if he was a member
under Section 8.585 and retirement was for such
disability, and if death occurred prior to qualifi-
cation for the service retirement allowance, the
allowance continued shall be reduced upon the
date at which said member would have qualified
for service retirement, in the same manner as it
would have been reduced had the member not
died. If there be no surviving wife entitled to an
allowance hereunder, or if she dies or remarries
before every child of such deceased member
attains the age of 18 years, then the allowance
which the surviving wife would have received
had she lived and not remarried shall be paid to
his child or children under said age, collectively,
to continue until every such child dies or attains
said age, provided that no child shall receive any
allowance after manying or attaining the age of
18 years. Should said member leave no surviving
wife and no children under the age of 18 years,
but leave a parent or parents dependent upon
him for support, the parents so dependent shall
collectively receive a monthly allowance equal to
that which a surviving widow otherwise would
have received, during such dependency. No al-
lowance, however, shall be paid under this sec-
tion to a surviving wife following the death of a
member unless she was married to the member
prior to the date of the injury or onset of the
illness which results in death.

A8.585-5 PAYMENT TO SURVIVING
DEPENDENTS

Upon the death of a member of the fire
department resulting from any cause, other than
an injury received in or illness caused by perfor-
mance of duty,

(a) if his death occurred after qualification
for service retirement, under Section 8.585-2, or
after retirement for service or because of disabil-
ity which resulted from any cause other than an

injury received in, or illness caused by perfor-
mance of duty, three-fourths of his retirement
allowance to which the member would have been
entitled if he had retired for service at the time of
death of three-fourths of the retirement allow-
ance as it was at his death, as the case may be,
shall be continued throughout life or until mar-
riage, to his surviving wife, or

(b) if his death occurred after the comple-
tion of at least 25 years of service in the aggre-
gate but prior to the attainment of the age of 50
years, three-fourths of the retirement allowance
to which he would have been entitled under
Section 8.585-2 if he had attained the age of 50
years on the date of his death shall be continued
throughout life or until remarriage to his surviv-
ing wife, or

(c) if his death occurred after retirement for
disability by reason of injury received in or
illness caused by performance of duty, his retire-
ment allowance as it was at his death shall be
continued throughout life or until remarriage, to
his surviving wife, except that, if death occurred
prior to qualification for service retirement al-
lowance, the allowance continued shall be ad-
justed upon the date of which said member
would have qualified for service retirement, in
the same manner as it would have been adjusted
had the member not died, or

(d) if his death occurred after completion of
at least 10 years of service in the aggregate,
computed as provided in Section 8.585-10, an
allowance in an amount equal to the retirement
allowance to which the member would have been
entitled pursuant to Section 8.585-3 if he had
retired on the date of death because of incapacity
for performance of duty resulting from a cause
other than bodily injury received in or illness
caused by performance of duty shall be paid
throughout life or until remarriage to his surviv-
ing wife. If there be no surviving wife entitled to
an allowance hereunder, or if she dies or remar-
ries before every child of such deceased member
attains the age of 18 years, then the allowance
which the surviving wife would have received
had she lived and not remarried shall be paid to
his child or children under said age, collectively,

A8.585-5

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464

to continue until every such child dies or attains
said age, provided that no child shall receive any
allowance after marrying or attaining the age of
18 years. Should said member leave no surviving
wife and no children under age of 18 years, but
leave a child or children, regardless of age,
dependent upon him for support because par-
tially or totally disabled and unable to earn a
livelihood, or a parent or parents dependent
upon him for support, the child or children and
the parents so dependent shall collectively re-
ceive a monthly allowance equal to that which a
surviving wife otherwise would have received,
during such dependency. No allowance, however,
shall be paid under this section to a surviving
wife unless she was married to the member prior
to the date of the injury or onset of the illness
which results in death if he had not retired, or
unless she was married to the member at least
one year prior to his death if he had retired.

As used in this section and Section 8.585-4,
"surviving wife" shall mean and include a sur-
viving spouse, and shall also mean and include a
spouse who has remarried since the death of the
member, but whose remarriage has been termi-
nated by death, divorce or annulment within five
years after the date of such remarriage and who
has not thereafter again remarried.

The surviving wife, in the event of death of
the member after qualification for but before
service retirement, may elect before the first
pajnnent of the allowance, to receive the benefit
provided in Section 8.585-8, in lieu of the allow-
ance which otherwise would be continued to her
under this section. If there be no surviving wife,
the guardian of the eligible child or children may
make such election, and if there be no such
children, the dependent parent or parents may
make such election. "Qualified for service retire-
ment," "Qualification for service retirement" or
"Qualified as to age and service for retirement,"
as used in this section and other sections to
which persons who are members under Section
8.585 are subject, shall mean completion of 25
years of service and attainment of age 50, said
service to be computed under Section 8.585-10.

A8.585-6 ADJUSTMENT OF
ALLOWANCES

Every retirement or death allowance payable
to or on account of any member under Section
5.585 shall be increased or decreased as of July
1, 1990, and thereafter on the effective date of
any legislation fixing the rates of compensation
for firefighters under section 8.405 of this char-
ter by an amount equal to 50 percent of any
increase or decrease, respectively, in the rate of
remuneration attached to the rank and position
upon which such retirement or death allowance
was based; provided, however, that no allowance
shall be reduced below the amount being re-
ceived by a member or his beneficiary on June
30, 1976, or on the date such member or benefi-
ciary began to receive the allowance, whichever
is later.

A8.585-7 AD JUSTMENT FOR
COMPENSATION PAYMENTS

That portion of any allowance payable be-
cause of the death or retirement of any member
of the fire department which is provided by
contributions of the City and County, shall be
reduced in the manner fixed by the board of
supervisors, by the amount of any benefits other
than medical benefits, payable by the City and
County to or on account of such person, under
any workers' compensation law or any other
general law and because of the injury or illness
resulting in said death or retirement. Such por-
tion which is paid because of death or retirement
which resulted from injury received in or illness
caused by performance of duty, shall be consid-
ered as in lieu of all benefits, other than medical
benefits, payable to or on account of such person
under such law and shall be in satisfaction and
discharge of the obligation of the City and County
to pay such benefits.

A8.585-8 DEATH BENEFIT

If a member of the fire department shall die,
before retirement from causes other than an
injury received in or illness caused by the perfor-
mance of duty, or regardless of cause, if no
allowance shall be payable under Section 8.585-4
or 8.585-5 preceding, a death benefit shall be

465

Appendix A: Employment Provisions

A8.585-11

paid to his estate or designated beneficiary, the
amount of which and the conditions for the
pajnnent of which shall be determined in the
manner prescribed by the board of supervisors
for the death benefit of other members of the
retirement system. Upon the death of a member
after retirement and regardless of the cause of
death, a death benefit shall be paid to his estate
or designated beneficiary the amount of which
and the conditions for the payment of which
shall be determined in the manner prescribed by
the board of supervisors for the death benefit of
other members of the retirement system.

A8.585-9 REFUNDS AND REDEPOSITS

Should any member of the fire department
cease to be employed as such a member, through
any cause other than death or retirement or
transfer to another office or department, all of
his or her contributions, with interest credited
thereon, shall be refunded to him or her subject
to the conditions prescribed by the board of
supervisors to govern similar terminations of
employment of other members of the retirement
system. If he or she shall again become a mem-
ber of the department, he or she shall redeposit
in the retirement fund, the amount refunded to
him or her. Should a member of the fire depart-
ment become an employee of any other office or
department, his or her accumulated contribution
account shall be adjusted by pa3nnents to or from
him or her as the case may be to make the
accumulated contributions credited to him or her
at the time of change, equal to the amount which
would have been credited to him or her if he or
she had been employed in said other office or
department at the rate of compensation received
by him or her in the fire department and he or
she shall receive credit for service for which said
contributions were made, according to the char-
ter section under which his or her membership in
the retirement system continues.

A8.585-10 COMPUTATION OF SERVICE

The following time shall be included in the
computation of the service to be credited to a
member of the fire department for the purposes
of determining whether such member qualified

for retirement and calculating benefits, exclud-
ing, however, any time, the contributions for
which were withdrawn by said member upon
termination of his service while he was a mem-
ber under any other charter section, and not
redeposited upon re- entry into service:

(a) Time during and for which said member
is entitled to receive compensation because of
services as a member of the fire or police depart-
ment.

(b) Time during which said member is en-
titled to receive compensation while a member of
the retirement system, because of service ren-
dered in other offices and departments prior to
July 1, 1949, provided that accumulated contri-
butions on account of such service previously
refunded, are redeposited, with interest from
date of refund to date of redeposit, at times and
in the manner fixed by the retirement board; and
solely for purpose of determining qualification
for retirement under Section 8.585-3 for disabil-
ity not resulting from injury received in, or
illness caused by performance of duty, time dur-
ing which said member serves, after July 1,
1949, and receives compensation because of ser-
vices rendered in other offices and departments.

A8.585-11 SOURCES OF FUNDS

All payments provided for members under
Section 8.585 shall be made from funds derived
from the following sources, plus interest earned
on said funds:

(a) The normal rate of contribution for each
member under Section 8.585 shall be based on
his age taken to the next lower complete quarter

A8.585-11

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466

year, (1) at the date he became a member under
Section 8.568, in the case of persons who are
members under that section, or (2) on his age at
the date he becomes a member under Section
8.585 in the case of persons who become mem-
bers on or after July 1, 1975, without credit for
service counted under Section 8.585-10. The age
of entrance into the fire department shall be
determined by deducting the member's service
credited under Section 8.585-10 as rendered prior
to the date upon which his age is based for
determination of his rate of contribution accord-
ing to the sentence next preceding, from said
age. The normal rate of contribution of each such
member, to be effective from the effective date of
membership under Section 8.585, shall be such
as, on the average for such member, will provide,
assuming service without interruption, under
Section 8.585-2, one-third of that portion of the
service retirement allowance to which he would
be entitled, without continuance to dependents,
upon first qualifying as to age and service for
retirement under that section, which is based on
service rendered after the date upon which his
age is based for determination of his rate of
contribution according to the first sentence in
this paragraph, and assuming the contribution
to be made from that date. The normal rate of
contribution, however, shall not exceed seven
percent.

(b) The dependent contributions for each
member under this section which shall be re-
quired of each member throughout his member-
ship in addition to the normal contributions, and
in the same manner as normal contributions,
shall be such as, on the average for such member,
will provide, assuming service without interrup-
tion under Section 8.585-2, and upon his first
qualifying as to age and service for retirement
under that section, one-third of the portion of his
allowance, which is to be continued under Sec-
tion 8.585-5 after his death and throughout the
life of a surviving wife whose age at said death is
three years less than the age of said member. If,
at the date of retirement for service or retire-
ment for disability resulting from injury received
in performance of duty, said member has no wife
who would qualify for the continuance of the

allowance to her after the death of said member,
or upon retirement for disability resulting from
other causes, regardless of his marital condi-
tions, the dependent contributions with accumu-
lated interest thereon, shall be paid to him
forthwith. The dependent rate of contribution,
however, shall not exceed the difference between
seven percent and the member's normal rate of
contribution, and said dependent rate may be
taken as a flat percentage of the member's nor-
mal rate, regardless of the age of qualification for
service retirement.

(c) There shall be deducted from each pay-
ment of compensation made to a member under
this section, a sum determined by appljdng the
member's rates of contribution to such compen-
sation payment. The sum so deducted shall be
paid forthwith to the retirement system. Said
contribution shall be credited to the individual
account of the member from whose salary it was
deducted, and the total of said contributions,
together with interest credited thereon in the
same manner as is prescribed by the board of
supervisors for crediting interest to contribu-
tions of other members of the retirement system,
shall be applied to provide part of the retirement
allowance granted to, or allowance granted on
account of said member, or shall be paid to said
member or his estate or beneficiary as provided
in Sections 8.585-8, 8.585-9 and 8.585-10.

(d) Contributions based on time included in
Subsections (a), (b) and (c) of Section 8.585-10,
and deducted prior to July 1, 1975, from compen-
sation of persons who become members under
Section 8.585, and standing with interest thereon,
to the credit of such members on the records of
the retirement system on said date, together
with contributions made by such members pur-
suant to the provisions of Section 8.526 and
standing with interest thereon to the credit of
such members on the records of the retirement
system on said date, shall continue to be credited
to the individual accounts of said members and
shall be combined with and administered in the
same manner as the contributions deducted af-
ter said date.

467

Appendix A: Employment Provisions

A8.585-13

(e) The total contributions, with interest
thereon, made by or charged against the City
and County and standing to its credit, in the
accounts of the retirement system, on account of
persons who become members under Section
8.585, shall be applied to provide the benefits
under said Section 8.585.

(f) The City and County shall contribute to
the retirement system such amounts as may be
necessary, when added to the contributions re-
ferred to in the preceding paragraphs of this
Section 8.585-11, to provide the benefits payable
to members under Section 8.585. Such contribu-
tions of the City and County to provide the
portion of the benefits hereunder which shall be
based on service rendered by each member prior
to the date upon which his age is based for
determination of his rate of contribution in Sub-
section (a) of this Section 8.585-11, shall not be
less during any fiscal year than the amount of
such benefits paid during said year. Such contri-
butions of the City and County to provide the
portion of the benefits hereunder which shall be
based on service rendered by respective mem-
bers on and after the date stated in the preceding
sentence, shall be made in annual installments,
and the installment to be paid in any year shall
be determined by the application of a percentage
to the total compensation paid during said year,
to persons who are members under Section 8.585,
said percentage to be the ratio of the value on
July 1, 1975, or at the later date of a periodical
actuarial valuation and investigation into the
experience under the system, of the benefits
thereafter to be paid under this section, from
contributions of the City and County, less the
amount of such contributions, and plus accumu-
lated interest thereon, then held by said systems
to provide said benefits on account of service
rendered by respective members after the date
stated in the sentence next preceding, to the
value of said respective dates of salaries there-
after payable to said members. Said values shall
be determined by the actuary, who shall take
into account the interest which shall be earned
on said contributions, the compensation experi-
ence of members and the probabilities of separa-
tion by all causes, of members fi:om service

before retirement and of death after retirement.
Said percentage shall be changed only on the
basis of said periodical actuarial valuation and
investigation into the experience under the sys-
tem. Said actuarial valuation shall be made
every even-numbered year and said investiga-
tion into the experience under the system shall
be every odd-numbered year.

(g) To promote the stability of the retire-
ment system through a joint participation in the
result of variations in the experience under mor-
tality, investment and other contingencies the
contributions of both members of the City and
County held by the system to provide the ben-
efits under this section, shall be a part of the
fund in which all other assets of said system are
included. Nothing in this section shall affect the
obligations of the City and County to pay to the
retirement system any amounts which may or
shall become due under the provisions of the
charter prior to July 1, 1975, and which are
represented on- said effective date, in the ac-
counts of said system by debits against the City
and County.

A8.585-12 RIGHT TO RETIRE

Upon the completion of the years of service
set forth in Section 8.585-2 as requisite to retire-
ment, a member of the fire department shall be
entitled to retire at any time thereafter in accor-
dance with the provisions of said Section 8.585-2,
and nothing shall deprive said member of said
right.

A8.585-13 LIMITATION IN
EMPLOYMENT DURING RETIREMENT

Except as otherwise provided in section 8.511
of this charter, no person retired as a member
under Section 8.585 for service or disability and
entitled to receive a retirement allowance under
the retirement system shall serve in any elective
or appointive position in the City and County
service, including membership on boards and
commissions, nor shall such person receive any
pajnnent for service rendered to the City and
County after retirement, provided that service as
an election officer or juror, or in the preparation
for, or the giving of, testimony as an expert

A8.585-13

San Francisco - Charter

468

witness for or on behalf of the City and County of
San Francisco before any court or legislative
body shall not be affected by this section.

A8.585-14 RIGHT TO TRANSFER

Notwithstanding any provisions of this char-
ter to the contrary, any person who, on or after
January 1, 1981, is a member of the Fire Depart-
ment, and is a member of the Retirement System
under Charter Section 8.585, may become a
member of the Retirement System under Char-
ter Section 8.588 by filing in writing with the
Retirement System no later than December 31,
1981, an executed waiver of all benefits which
might inure to him under Charter Section 8.585.
This waiver must be without right of revocation
and on a form furnished by the Retirement
System. The Retirement Board may require that
this waiver be executed by additional parties
before it becomes operative.

This transfer will be effective July 1, 1980.
Those persons so electing to become members
under Charter Section 8.588 shall receive service
credit under Charter Section 8.588 equal to their
service credit under Charter Section 8.585 as of
June 30, 1980.

Those persons so electing to become members
under Charter Section 8.588 shall not be subject
to any of those provisions of Charter Section
8.585 as of July 1, 1980.

Notwithstanding the provisions of Charter
Section 8.526, the cost of living adjustment in
any given year prior to January 1, 2000 for those
persons electing this transfer to Charter Section
8.588 shall not exceed the provisions of Charter
Section 8.526 as they existed on July 1, 1980.

Those persons so electing to transfer mem-
bership from Charter Section 8.585 to Charter
Section 8.588 shall receive a monetary consider-
ation not to exceed $40,000 calculated at the rate
of $2,500 for each year of said service credit up to
10 years and then at the rate of $1000 for each
additional year of said service credit. This mon-
etary consideration shall be paid from said
member's contribution account including any
interest thereon. When said member's contribu-

tion account is depleted, the balance shall be
paid from the City and County contributions
held by the Retirement System.

This consideration shall be payable January
1, 1982. Alternatively, an employee may elect to
receive payments according to a schedule estab-
lished by the Retirement Board.

Notwithstanding any other charter or ordi-
nance provisions, a member transferring pursu-
ant to this section shall be eligible to receive any
benefits payable because of an increase in ben-
efits approved by the voters for other members
under Charter Section 8.588, provided, however,
that said member repays with interest the mon-
etary consideration he or she received in making
this transfer, offset by the amount of said member's
own account in the Retirement System under
Charter Section 8.585. Interest on the repay-
ment amount shall be charged at the rate cred-
ited to member accoiuits from January 1, 1981
until repa5nnent or effective date of retirement.
Members shall have the option of making said
repayment either through a lump-sum pajnnent,
payroll deduction or through an actuarial offset
against any benefits payable because of any
increase in benefits subsequent to July 1, 1980.

The amendments to this section contained in
the proposition submitted to the electorate on
November 2, 1999 shall apply only to active and
retired members on November 2, 1999 and con-
stitute a prospective increase in benefits to such
members subject to repayment in accordance
with the provisions of the preceding paragraph.
Upon repayment, retirees shall have their ben-
efits recalculated under Charter Section 8.588 as
in force at the date of their retirement. These
recalculated benefits shall be first payable on
and after November 2, 1999. No retired member
shall become eligible under said amendments for
any retroactive payments. Notwithstanding the
preceding sentences, the provisions in Charter
Section 8.588-3 for recalculation on the date
upon which said member would have qualified
for service retirement ("QSR") shall use the pro-
visions of Charter Section 8.588 at QSR. (Amended
November 1999)

469

Appendix A: Employment Provisions

A8.586-1

A8.585-15 VESTDSTG

Should any member of the fire department
who is a member of the Retirement System
under charter section 8.585, with five years of
credited service, cease to be so employed, through
any cause other than death or retirement, he or
she shall have the right to elect, without right of
revocation and within 90 days after termination
of said service, to allow his or her accumulated
contributions including interest to remain in the
retirement fund and to receive a retirement
benefit calculated at termination, defined as that
proportion of the normal service retirement ben-
efit that his or her accrued service credit bears to
25 years, payable beginning at age 50.

Any member of the fire department convicted
of a crime involving moral turpitude committed
in connection with his or her duties as a member
of the fire department shall, upon termination of
his or her emplo3rment pursuant to the provi-
sions of this charter, forfeit all right to any
benejGts under this section except refund of his or
her accumulated contributions.

Every retirement or death allowance payable
to or on account of any member under section
8.585-15 shall be adjusted in accordance with the
provisions of section 8.585-6 provided that if the
member's accrued service credit is less than 25
years the section 8.585-6 adjustment will be
multiplied by a fraction where the denominator
is 25 and the numerator is equal to the member's
accrued service credit at the date of termination.

A8.586 MEMBERS OF THE POLICE
DEPARTMENT AFTER NOVEMBER 1,
1976

Those persons who become members of the
police department, as defined in Section 8.586-1,
on or after November 2, 1976, shall be members
of the system subject to the provisions of Sec-
tions 8.586, 8.586-1, 8.586-2, 8.586-3, 8.586-4,
8.586-5, 8.586-6, 8.586-7, 8.586-8, 8.586-9, 8.586-
10, 8.586-11, 8.586-12, 8.586-13 and 8.586-14
(which shall apply only to members under Sec-
tion 8.586) in addition to the provisions con-
tained in Sections 3.670 to 3.672, both inclusive,
and Sections 8.500, 8.510, 8.520 and 8.526 of this

charter, notwithstanding the provisions of any
other section of this charter, and shall not be
subject to any of the provisions of Sections 8.544
or 8.559 of this charter.

A8.586-1 DEFINITIONS

The following words and phrases as used in
this section. Section 8.586 and Sections 8.586-2
through 8.586-14, unless a different meaning is
plainly required by the context, shall have the
following meanings:

Subject to the requirement that it be payable
in cash and that overtime be excluded, "compen-
sation" for pension purposes may be defined in a
collective bargaining agreement. Provided, how-
ever, that for retirement purposes, any increase
in compensation attached to a rank which is
based solely upon the possession of a POST
certificate, compared to the equivalent rank with-
out a POST certificate, shall be subject to the
following limitations:

(a) for possession of the intermediate POST
certificate, no more than 4% shall be included in
compensation,

(b) for possession of the advanced POST
certificate, no more than an additional 2% over
the maximum provided in subsection (a), above,
shall be included in compensation.

These limits shall apply to any pay incre-
ments which are solely attributable to the pos-
session of a POST certificate, including but not

A8.586-1

San Francisco - Charter

470

limited to premiums or special ranks which may
be established in the future and which are solely
attributable to the possession of a POST certifi-
cate.

"Compensation eamable" shall mean the com-
pensation which would have been earned had
the member received compensation without in-
terruption throughout the period under consid-
eration and at the rates of remuneration at-
tached at that time to the ranks or positions held
by him or her during such period, it being as-
sumed that during any absence, he or she was in
the rank or position held by him or her at the
beginning of the absence, and that prior to be-
coming a member of the police department, he or
she was in the rank or position first held by him
or her in such department.

"Benefit" shall include "allowance," "retire-
ment allowance," "death allowance" and "death
benefit."

"Final compensation" shall mean the average
monthly compensation eamable by a member
during any one year of credited service in which
his or her average compensation is the highest.

For purposes of calculation of final compen-
sation, any increase in pay solely attributable to
possession of a POST certificate shall be in-
cluded only if the member possesses the qualify-
ing POST certificate for a period of not less than
four (4) years prior to his or her retirement date;
provided, however, that should a member pos-
sess the qualif5dng POST certificate for a period
of time less than four (4) years prior to retire-
ment, final compensation shall be calculated
based upon the monthly compensation in the
next lower rank not requiring possession of the
qualifying POST certificate.

For the purpose of Sections 8.586 through
8.586-14, the terms "member of the police depart-
ment," "member of the department," or "mem-
ber" shall mean any officer or employee of the
police department employed after November 1,
1976 who was or shall be subject to the charter
provisions governing entrance requirements of
members of the uniformed force of said depart-
ment and said terms shall further mean persons
employed after November 1, 1976 at an age not

greater than the maximum age then prescribed
for entrance into employment in said uniformed
force, to perform duties now performed under the
titles of criminologist, photographer, police woman
or jail matron; provided, however, that said terms
shall not include any person who has not satis-
factorily completed such course of training as
may be required by the police department prior
to assignment to active duty with said depart-
ment.

"Retirement system" or "system" shall mean
San Francisco City and County Employees' Re-
tirement System as created in Section 8.500 of
the charter.

"Retirement board" shall mean "retirement
board" as created in Section 3.670 of the charter.

"Charter" shall mean the charter of the City
and County of San Francisco.

Words used in the masculine gender shall
include the feminine and neuter gender, and
singular numbers shall include the plural and
the plural the singular.

"Interest" shall mean interest at the rate
adopted by the retirement board. (Amended No-
vember 1998)

A8.586-2 SERVICE RETIREMENT

Any member of the police department who
completes at least five years of service in the
aggregate and attains the age of fifty (50) years,
said service to be computed under Section 8.586-
10, may retire for service at his or her option. A
member retired after meeting the service and
age requirements in the sentence next preced-
ing, shall receive a retirement allowance equal to
the larger of (a) two percent of final compensa-
tion for each of the first twenty-five (25) years of
service, then three percent of final compensation
for each year of service rendered in excess of
twenty-five (25) years or (b) the percent of final
compensation (as defined in Section 8.586-1) set
forth opposite his or her age at retirement, taken
to the preceding completed quarter year, for each
year of service, as computed under Section 8.586-
10:

471

Appendix A: Employment Provisions

A8.586-3

Age at Percent for Each Year

Retirement of Credited Service

2.000

50.25

2.035

50.5

2.070

50.75

2.105

2.140

51.25

2.175

51.5

2.210

51.75

2.245

2.280

52.25

2.315

52.5

2.350

52.75

2.385

2.420

53.25

2.455

53.5

2.490

53.75

2.525

2.560

54.25

2.595

54.5

2.630

54.75

2.665

2.700

In no event, however, shall such a retirement
allowance exceed seventy-five (75) percent of a
member's final compensation. (Amended Novem-
ber 1998)

A8.586-3 RETIREMENT FOR
INCAPACITY

Any member of the police department who
becomes incapacitated for the performance of his
or her duty by reason of any bodily injury re-
ceived in, or illness caused by the performance of
his or her duty, shall be retired. If he or she is not
qualified for service retirement, he or she shall
receive a retirement allowance in an amount
which shall be equal to the same percentage of
the final compensation of said member, as de-

fined in Section 8.586-1, as his percentage of
disability is determined to be. The percentage of
disability shall be as determined by the Workers'
Compensation Appeals Board of the State of
California upon referral from the retirement
board for that purpose; provided that the retire-
ment board may, by five affirmative votes, adjust
the percentage of disability as determined by
said appeals board; and provided, further, that
such retirement allowance shall be in an amount
not less than 50 percent nor more than 90
percent of the final compensation of said mem-
ber, as defined in Section 8.586-1. Said allowance
shall be paid to him or her until the date upon
which said member would have completed at
least twenty-five (25) years of service in the
aggregate and attained the age of fifty (50) years
had he or she lived and rendered service without
interruption in the rank held by him or her at
retirement, and after said date the allowance
payable shall be equal to the retirement allow-
ance said member would have received if retired
for service on said date based on the final com-
pensation, as defined in Section 8.586-1, he or
she would have received immediately prior to
said date, had he or she lived and rendered
service as assumed, but such allowance shall not
be less than 50 percent of such final compensa-
tion.

If, at the time of retirement because of dis-
ability, he or she is qualified as to age and service
for retirement under Section 8.586-2, he or she
shall receive an allowance equal to the retire-
ment allowance which he or she would receive if
retired under Section 8.586-2, but not less than
50 percent of said final compensation. Any mem-
ber of the police department who becomes inca-
pacitated for performance of his or her duty by
reason of a cause not included under the provi-
sions of the immediately preceding sentences,
and who shall have completed at least 10 years of
service in the aggregate, computed as provided
in Section 8.586-10, shall be retired upon an
allowance of IV2 percent of the final compensa-
tion of said member as defined in Section 8.586-1
for each year of service, provided that